California

Air district offers last-minute help to Oakland truckers

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By Steven T. Jones
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Truckers at the Port of Oakland often wait hours for a load, the older trucks spewing unhealthy levels of particulate matter and other pollution the whole time.

Just as low-income truckers were about to be shut out of the Port of Oakland on Jan. 1, the Bay Area Air Quality Management District and California Air Resources Board have come up with another $3 million to help them comply with strict new emissions control standards that are designed to improve the unhealthy air in West Oakland.

As we reported on Dec. 16, hundreds of truckers who had qualified for the retrofit assistance program were facing a loss of livelihood when that $22 million fund ran out of money. Now, with the infusion of an additional $3 million, 580 truckers will get $5,000 each to offset the cost of new filters that can cost $15,000 or more. Those who qualify will get their compliance date pushed back to April 1.

“While the new emissions regulations for Port trucks embraces Oakland’s goals of reducing environmental impacts, my office has been working collaboratively to provide the much-needed support for the truckers trying to comply with such regulations,” Oakland Mayor Ron Dellums said in a prepared statement. “This announcement is a significant step in the right direction.”

The Guardian has long covered the issue of how to balance the health needs of the truckers and residents of West Oakland – which has high rates of asthma and other respiratory ailments because of the long lines of idling dirty diesel trucks – with the economic realities of independent truckers, whose average incomes have plummeted since then-President Ronald Reagan deregulated the trucking industry.

The year in blog

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By Steven T. Jones
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It’s been a big year on this blog, as I discuss in this week’s paper. To go along with that story, I’m including in this post a ridiculous number of links to issues and stories that we covered the most in 2009, as well as some to one-time or limited coverage stories that we liked. We hope you find this useful.

Fiscal issues
The year began with the Board of Supervisors calling for a special election on revenue measures to prevent deep cuts to city government, but that effort was thwarted by Mayor Gavin Newsom’s preference for hollow fiscal gimmicks and opposition to general tax increases. Similarly, on the state level, Republican opposition to revenue side solutions has all but destroyed the California Dream — including the state’s commitment to supporting quality, affordable higher education – prompting calls for a constitutional convention in the near future, as the political dysfunction leads to bad decisions about critical state resources.

Police oversight and crackdowns
The fatal shooting of Oscar Grant by a BART police officer a year ago led to a long saga of promised civilian oversight that still hasn’t been delivered. In the meantime, San Francisco got a new police chief who promised reforms, but has so far delivered only crackdowns, pushing the city closer to the Death of Fun as popular events and nightclubs face an ever more restrictive enforcement environment. Police also failed to own up to a bungled murder investigation.

City life

The face of San Francisco began to change in 2009, for better and worse. Lennar and PG&E continued to corrupt the local political system, compromise the promise of green power, break promises, and subvert popular will. But partially countering their corporate malevolence were grassroots efforts to reclaim the streets and promote alternative transportation options (despite a major defeat this year for those who want motorists to pay for more of their societal impacts), including the longawaited construction of bicycle projects after a three-year ban.

We are family

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Dear Andrea:

Is it OK to ask out my ex sister-in-law? I always thought she was hot. Now we are both divorced and I keep thinking, why not? Is there some reason I’m not thinking of why I shouldn’t?

Love,

Free and 50

Dear Free:

What is an ex sister-in-law, exactly? An ex wife of your ex wife’s brother? Entirely doable, assuming that none of these people are still in close touch with any of your people, and I’d imagine they’re not. If, rather, you mean your ex-wife’s sister, proceed only if childless or post-emigration (both of you) to someplace suitably distant, like New Zealand or the International Space Station. In other words, you are adults and can do what you like, but nobody else is going to like you for it.

While I am a big believer in living an authentic life (come out if you’re gay, don’t promise monogamy if you’re poly, etc.) I’m equally dedicated to what Michael Jackson’s rabbi Shmuley Boteach flogs, catchily, as “shalom in the home.” (Boteach calls himself “America’s rabbi” but having been MJ’s best grown-up little buddy all over the media for years makes him no rabbi of mine, yuck.) Peace to you! Peace to your ex-in-laws! (“Peace to you and all your mailmen,” sings our own rabbi, who is a bit of a goof.) Do not go sowing discord and discomfort. Have a merry Christmas and a happy New Year. Don’t date your ex wife’s sister.

Exes who were never blood relatives of former spouses are a big whatev, go for it. We must keep in mind, though, that there is no reason to believe that the ex wife of an ex wife’s sibling or whatever she has been thinking you were hot all the years you were thinking she was. She may never have noticed you because you are not the sort of person she notices. She may find you repulsive. It’s no different from any other “should I ask her out?” situation — nothing ventured nothing gained and all that. But in the case of an ex’s ex-ex, if she rejects you, word may get back to the people you are still in touch with, and they may laugh at you. But if you ask her out, she may have sex with you. Decisions, decisions.

Love,

Andrea

Dear Andrea:

Can you marry your cousin? Is it legal, and is it a good idea?

I am just wondering because we used to flirt a lot when we were teenagers and I still find her attractive (and will see her on the holidays) but of course I would never do anything about it.

Love.

No Harm in Asking

Dear No:

You could have just looked it up! This is not obscure information, although it does manage to be continually surprising information. The answer to your first question, as to so many others, is “it depends.” Fifteen or so states (and not just weird little forgotten out-of-the way states, either, count California and New York) allow first cousins to marry without any restriction. A handful more have various hoops to jump through. The rest still have anti-cousin laws on the books but you know, it is not unheard-of to go to another state to marry if your own is still too bigoted to allow it. It’s also legal in Mexico and Canada.

What do you mean, “bigoted,” you ask? Isn’t marrying your cousin a good way to get a kid with flippers and three eyes? No, actually, it’s not. There’s a slightly — very slightly — higher incidence of birth defects, like 1 percent or 2 percent. If your (mutual) family suffers from a heritable genetic condition, you’re both going to want to get tested for that before having kids. But for most people, it’s just not going to be an issue.

What is an issue is: your families would hate you. Or hate one of you and consider the other a victim. Or not hate but be so horribly uncomfortable in your presence that it would come down to the same thing, as far as happy holidays and shalom in the home go.

I am not horrified or even bothered by cousins marrying. It seems kind of lazy to me — what, you couldn’t be bothered to meet someone else? — but it isn’t bad or wrong or gross or even dangerous. It is, however, Not Done. It used to be done (every article you read on this is illustrated with a picture of the Darwins, I think), but it is currently Not Done. And you are not the Jukes and the Kallikakses (look it up) and you are not pharoahs or European royalty. You do not, presumably, possess dynastic wealth that requires cautious and xenophobic husbanding. So you probably want to not do it.

And now I can’t get Dorothy Parker’s poemlet out of my head, so here, Merry Christmas:

Oh, life is a glorious cycle of song,

A medley of extemporanea;

And love is a thing that can never go wrong;

And I am Marie of Romania.

Love,

Andrea

This Week’s Picks

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WEDNESDAY 30th

DANCE

Rhythm & Motion 30th Anniversary Dance Bash

If you’re really going to throw down on the dance floor this New Year’s Eve, it’s time to train, and there is no better time or place than the 30th birthday celebration of Rhythm and Motion, a center for global dance and dance workout created by Consuelo Faust. The events include team-taught, all-star master classes, an evening performance by the Rhythm and Motion teachers, and a dance party finale. Everyone is invited. (Johnny Ray Huston)

10 a.m.–midnight, free

ODC Dance Commons

351 Shotwell, SF

(415) 863-9830 x100

www.rhythmandmotion.com

MUSIC

X

Legendary Los Angeles punk rockers X distinguished themselves from other bands of their era by honing the same searing energy that propelled their counterparts and adding the rock solid rhythms of DJ Bonebrake, the guitar virtuosity of Billy Zoom, and the poetic lyrics and intimate vocal interplay of John Doe and Exene Cervenka. This holiday season finds the band celebrating a “Merry Xmas,” having recently released new recordings of holiday favorites “Jingle Bells” and “Santa Claus Is Coming To Town.” Despite Cervenka’s recent multiple sclerosis diagnosis, she and the band sound stronger than ever. They’re the perfect musical friends to help welcome in a rockin’ New Year. (Sean McCourt)

With Dave Gleason and the Golden Cadillacs (Wed.) and the Heavenly States (Thurs.)

9 p.m. (also Thurs/31), $31–$71

Slim’s

333 11th St., SF

(415) 255-0333

www.slims-sf.com.

THURSDAY 31st

MUSIC

Boyz IV Men

Don’t be fooled: you might think this band altered their name in parodic jest, but really, it was just an evasive maneuver to throw everyone off while they continue campaigning under their banner of complicit subjection to everything that is male. Boyz IV Men like to think of it as being in the closet — a closet inside an even bigger closet. Their sound is of equal subterfuge: two of them play children’s keyboards with pinky fingers while the third cranks out aggressive, tantrum-driven disco beats. This is all to say that I also grow my beard out for every one of their shows. Spending NYE with a bunch of sweaty, hairy-chested boys and men? Count. Me. Down. (Spencer Young)

With 1.2..3 … Knife!, DJ Summer Camp, and B4M DJ Set

9 p.m., free

Five Points Art House

72 Tehama, SF

(415) 989-1166

www.fivepointsarthouse.com

FILM

“Quintessential Chaplin”

Things you could do tonight at the movie theater: visit an overstuffed multiplex, and suffer through something with the word “Squeakquel” in its title. What you should do instead: head to gorgeous Grace Cathedral for three Charlie Chaplin shorts with live organ accompaniment by Dorothy Papadakos. The bill compiles three movies from 1917: The Cure, in which the Little Tramp is a drunk on the mend; The Immigrant, in which he encounters immediate money woes upon landing in America; and The Adventurer, in which he’s an escaped convict. Classic shenanigans all, with nary a chipmunk in sight. (Cheryl Eddy)

7 and 10 p.m., $10–$15

Grace Cathedral

1100 California, SF

(415) 392-4400

www.gracecathedral.org

MUSIC

Disco 2010 with Glass Candy

Mirror mirror, on the wall, which is the fairest disco NYE event of all? No question: it’s Disco 2010. Aside from some Popscene DJ spots, this is a showcase for the formidable Johnny Jewel, bringing two of his musical projects together on one bill. Most people know of Glass Candy and their aerobic appeal. Not as well-known and newer on the scene is Desire, whose debut recording on Italians Do it Better brought one of 2009’s catchiest and most haunting pop songs, “Don’t Call,” a four-minute breakup anthem that tapped into the “Billie Jean” backbeat before MJ’s death, adding a mournful but propulsive string arrangement to a tale of new independence. (Huston)

9 p.m., $45

Rickshaw Stop

155 Fell, SF

(415) 861-2011

www.rickshawstop.com

FRIDAY 1st

EVENT

Supper Club’s Breakfast in Bed

I enjoy my bed. Comfortable, familiar, a place where everybody knows my name. But after this year’s fabulous New Year’s Eve carousing, how anticlimactic will it be to sink into the same old sheets? Luckily, I don’t have to, because Supper Club is planning a party. Breakfast in Bed includes a breakfast buffet, mimosas, the chain’s trademark mattress hangouts, and house beats that are respectful of the fact that this is probably not the first party you’ve gone to in the last 12 hours. For $140, you and three of your accomplices can even reserve your own bedstead, complete with pillow-side food and drink service. If you’re not a total hedonistic degenerate, you can go to bed when the ball drops and head out here sober to live vicariously through the hangovers of others. (Caitlin Donohue)

5–11 a.m., $10–$40

Supper Club

657 Harrison, SF

(415) 348-0900

www.supperclub.com

SATURDAY 2nd

VISUAL ART

“When Lives Become Form: Contemporary Brazilian Art, From the 1960s to the Present”

Kick off the new year with a blast of Technicolor via this traveling exhibition dedicated to the formidable and ever-morphing visual art and music phenom known as tropicália. With a range that extends from the Brazilian movement’s originator, Hélio Oiticica, to newer artists such as the pre-Ryan Trecartin and pre-Paper Rad color assaults of assume vivid astro focus, “When Lives Become Form” might make it a little easier to forgive Os Mutantes for that McDonald’s commercial. (Huston)

Noon-8 p.m. (through Jan. 31), $5–$7

Yerba Buena Center for the Arts

701 Mission, SF

(415) 978-2787

www.ybca.org

SUNDAY 3rd

FILM

You, the Living

“Be pleased then, you the living, in your delightfully warmed bed, before Lethe’s ice-cold wave will lick your escaping foot.” This Goethe quote opens Roy Andersson’s You, the Living, the sequel to his 2000 tragicomedy Songs From the Second Floor. Composed of 50 absurdist vignettes, You, the Living does not transcend existential ennui; neither does it wallow in angst. Rather, it couples pain with love, portraying a bleakly comic world where despair and happiness carry the same weight. The palette of drab blues and yellows mimic the color of pills, and one could say the film serves as an advertisement for Prozac. The dissonant noise of sousaphones, bass drums, and banjos create an artifice of comedic musicality set against a backdrop of frumpy bedrooms, bars, and office buildings, where nothing really happens. Just everyday life. (Lorian Long)

2, 4, 7:15 and 9:20 p.m. (also Mon/4, 7:15 and 9:20 p.m.)

Red Vic Movie House

1727 Haight, SF

(415) 668-3994

www.redvicmoviehouse.com

CLASS

Yoga and Ayurveda for Real Life

Here, tallied and totaled, is the approximate intake of the average festive individual over the last week: a cheese plate, a bite of questionable ham, three scoops of black-eyed peas, two pounds of turkey, 15 latkes with applesauce, 110 frosted cookies, a barely edible door off of some poor child’s gingerbread house, a carafe of mulled cider, six cups of eggnog, eight flutes of champagne, a half bottle of Jack Daniels, three trips to the mall after you said you weren’t going to go this year, and the guilt of getting a camera tripod from Aunt Sara when you sent her a very nice bar of soap. A few days late. Yes, your body hates you. Get back in its good graces with a class from one of the most affordable, least judging yoga/massage studios in the city. The Mindful Body’s Kate Lumsden is offering a tutorial on integrating yoga — back? — into your life for the new year, the perfect chance to feel centered again before Monday. (Donohue)

1–4 p.m., $35

The Mindful Body

2876 California, SF

(415) 931-2639

www.themindfulbody.com

MUSIC

Hunx and His Punx, Brilliant Colors

The world was in need of a true gay Teen Beat pin-up, not a closeted one. Luckily, the fun and sexy Hunx came to the rescue, posing in a jockstrap splayed out on a bed filled with pop culture treasures. He’s made some great clips with music video wunderkind Justin Kelly, and his new LP Gay Singles (True Panther/Matador) is great front and back — as evidenced by its cover, which presents crotch-and-ass close-ups of zebra bikini briefs. Do your makeup, and then do someone at this show, which doubles the pop appeal with Slumberland girls Brilliant Colors. (Huston)

With Gun Outfit

9 p.m., $6

Hemlock Tavern

1131 Polk, SF

(415) 923-0923

www.hemlocktavern.com

TUESDAY 5th

MUSIC

Pirate Cat Radio Benefit Show

After 13 years of putting the “arr!” in radio (sorry, couldn’t resist), Pirate Cat Radio has officially been fucked by the FCC. The corporate whores slapped the unlicensed broadcast radio station with a $10,000 fine back in August, and gave founder Daniel K. Roberts (“Monkey”) 30 days to either pay up or challenge the fine. As Roberts fights to put Pirate back on the air, several benefit shows are being held to help save SF’s favorite renegade station. One such show will be at Bottom of the Hill, where local music cuties Hey Young Believer and Blood and Sunshine will play electropop alongside UK electronic artist Con Brio. (Long)

8:30 p.m., $9

Bottom of the Hill

1233 17th St., SF

(415) 621-4455

www.bottomofthehill.com

FILM

Rocky

SFMOMA’s “Museum Highs, Museum Lows” film series continues the binary theme of last year’s film series “Vegas Highs, Vegas Lows,” but shifts locales. The Italian stallion, Mr. Balboa, starts things off, not just because he’s everyone’s favorite underdog — and thus the perfect archetype for overcoming the terrible economy — but because he’s enshrined in bronze at the top of the Philadelphia MoMA’s steps. The thought behind this whole “High/Low” dichotomy is in line with camp — so bad it’s good — so perhaps SFMOMA’s is out to reverse Philly MoMA’s embarrassment about the statue. But who cares about that damned thing? It’s Rocky’s will to survive that we want to see. (Young)

Noon, free

Phyllis Wattis Theater

San Francisco Museum of Modern Art

151 Third St., SF

(415) 357-4400

www.sfmoma.org

Guns ‘n’ rosés

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If you like Beretta – and Beretta is very likable – you’ll likely like its younger sibling, Starbelly. I wonder who is thinking up the names in the Beretta folks’ briskly expanding universe of restaurants. “Beretta” makes me think of guns, while “Starbelly” sounds like a spoof of Spaceballs, Mel Brooks’ epic spoof of the Star Wars franchise.

The restaurant opened in the fall in a space (at 16th and Market streets) that once was Josie’s Juice Joint. Subsequent occupants include ZAO Noodle Bar and Asqew Grill, a pair of local chains that pitched affordable, high-quality, quick-turnaround food to younger people. Starbelly certainly attracts younger people and their traveling circus of noise but, as befits its status as a version of the California café, it has all kinds of people, including older ones and heterosexuals. The crowd is, to my eye, less hipstery and tech-moneyed than Beretta’s, although the glow of human energy is similar. Starbelly is too stimulating to be relaxing, but once you’re seated, your blood pressure does return to something like normal. Because the restaurant doesn’t take reservations for small parties, there can be a scrum near the host’s podium at the front. If you want a less hubbuby table, angle for one in the rear, past the bar, where the dining area opens out some.

In matters of food, Starbelly and Beretta are like fraternal twins: similar in certain respects but sharply different in others. The most conspicuous similarity is the prominence of pizza on both menus, along with the little wire stands to serve them on. But pizza is less dominant at Starbelly, where chef Adam Timney’s cooking rolls away in a number of sophisticated directions. Starbelly is probably the highest gastronomic peak in the Castro District at the moment, much as 2223 was 15 years ago. Of course, we should remember that the Castro has long been the Death Valley of restauranting and temper our enthusiasm accordingly. Still, Starbelly is good.

The dinner menu tilts toward smaller, shareable plates and divides among the categories “snacks” ($5 each), “small,” “salads,” and “vegetables.” Then come the pizzas and bigger plates. “Snacks” often means a dish of warm, spicy nuts, but here you can indulge in such witty treats as mini corn dogs, each riding its little toothpick and ready for dipping in spicy mustard (coarse, country-style) or house-made ketchup (fruity in a way the commercial product can never be and worth the price of the dish just for the experience).

The kitchen handles seafood skillfully. Grilled baby octopus ($9), recommended by our server, turned out to be nicely tender with a faint hint of smoke; the octopus was arranged on an arugula salad. Pan-roasted diver scallops ($14) also had been expertly cooked, but I thought the accompanying gingered yam purée, scattered with pepitas, was a little too sweet. Scallops, like pork, are naturally sweet and seem to invite sweet harmonies, but I (and here I state a personal preference) would rather have counterpoint, something sour, spicy, or salty.

Pizzas do not disappoint. The crusts are on the thin side, with a bit of puff on top and a hint of blister underneath but — hooray — no charring. Toppings range from the classic (tomato sauce, mozzarella, and basil on a margherita) to New World (Mexican chorizo with eggs and cilantro) but on the whole are fairly simple. A good example is a pie topped with Starbelly bacon ($13) along with market peppers and tomatoes. All that red lends a certain Murder in the Cathedral look, but the tangy, aromatic combination of toppings catches the sense of summer shading into autumn.

Speaking of fall: brussels sprouts have been on just about every menu I’ve seen since Labor Day, and they’re on Starbelly’s, too ($6). Here they’re halved and pan-roasted with chunks of bacon until nicely caramelized at the edges. Bacon seems to be the consensus remedy for the palatability issue that haunts brussels sprouts, and a good roasting, whether in an oven or pan, has set right many a troublesome vegetable. A shot of lemon juice wouldn’t have hurt here, for a final bit of zing.

The big plates are reasonably priced, mostly in the low to mid-teens; only lamb chops breaking the $20 barrier. The kitchen does offer what might be sly homage to Zuni Café: a half-chicken ($15), roasted on a rotisserie until sensuously tender and juicy, then plated with a spinach panzanella — basically swirls of braised greens in a warm, savory bread pudding under a roasted-onion vinaigrette. It’s not formally offered for two like the Zuni version, but it’s ample enough to be quite shareable, especially if you’ve previously stocked up on some of the smaller plates.

Which undoubtedly you will have done, since at Starbelly, the path to a full belly is a winding one, with many delightful turn-outs and outlooks along the way. *

STARBELLY

Mon.-Thurs., 11:30 a.m.–11 p.m.; Fri., 11:30 a.m.–midnight.

Brunch: Sat.–Sun., 10:30 a.m.–4 p.m.

Dinner: Sat., 4 p.m.–midnight; Sun., 4–11 p.m.

3583 16th St., SF

(415) 252-7500

www.starbellysf.com

Beer and wine

AE/MC/V

Noisy

Wheelchair accessible

Editorial: Sitting on the sidewalk is no crime

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Passing the new law might make the supervisors look tough on crime–but it’s not going to make Haight Street any safer

EDITORIAL The recent San Francisco Police Department crackdown on street kids in the Haight Ashbury conclusively proves two things:

1. Chief George Gascón is a media hound who will shift policy and priorities in an instant in response to a couple of newspaper stories, and

2. There’s no need for any new law against sitting on the sidewalk.

Even before the ink was dry on a column by the Chronicle’s C.W. Nevius, who lives in the East Bay suburbs, decrying the “aggressive punks” in the Haight, the Park Station had stepped up foot patrols in the neighborhood. Cops walking beats began making arrests, targeting young people who allegedly had threatened shoppers and residents.

And the crackdown has had an impact. “It proves exactly what I’ve been saying,” Sup. Ross Mirkarimi, who represents the district, told us. “When you put cops out on the streets, walking beats on foot, you get results.”

One of the reasons you get results is simple deterrence: Beat cops may not be able to stop every gangland shooting in the Western Addition or the Mission or Bayview. But when you’ve got enough uniformed officers walking up and down Haight Street, life becomes a lot more unpleasant for small-time thugs. And while not every case will get prosecuted, not every case has to — this isn’t murder we’re talking about. It’s bad behavior by a group of people that will continue only as long as it’s tolerated.

Haight Street has attracted more than its share of social problems over the years, and neighborhood organizing has helped address many of them. Community leaders, merchants, and residents worked with the cops in the 1970s to drive heroin dealers out. A decade or so later, neo-Nazi skinheads met the same fate. In no case has the problem been solved by long jail sentences or tougher laws.

Yet with Nevius pushing the issue, there’s a call for a ban on sitting and lying on the sidewalk — a move to criminalize behavior that, for the most part, over many years, has not been a serious law-enforcement problem. We’ve seen this siren song before — in the early 1980s, when Dianne Feinstein was mayor, San Francisco police began conducting massive sweeps, arresting homeless people who congregated on the sidewalk and charging them with violating a law that banned blocking a thoroughfare. The ACLU took the city to court, the Guardian wrote several stories about it, homeless advocates complained loudly — and while the courts ultimately upheld the law, the sweeps came to an end.

And the misdirected law-enforcement did nothing to address the problem of homelessness. It didn’t make the streets safer — or put one more person in an affordable housing unit.

A law banning sitting on the sidewalk would have similar problems. “It gives the police a way to arrest people based entirely on the way they look,” said Alan Schlosser, legal director for the ACLU of Northern California. Homeless people, people who have no intention of doing anything violent or dangerous — anyone who happens to be sitting in the wrong place could be swept up and charged with a crime.

Passing a new law might make the supervisors look tough on crime — but it’s not going to make Haight Street any safer. There’s no reason to outlaw the nonviolent, non-threatening act of sitting on a public sidewalk — particularly when simply enforcing existing laws against harassment, assault, threats, and other violent behavior is a lot more effective. The supervisors should resist any move to pass a “sit/lie” law that will be hard to enforce, ripe for abuse, and probably won’t survive the inevitable (expensive) court challenge.

The prison health-care fiasco

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By Just A Guy

Editors note: Just A Guy was recently released after serving time an a California state prison. He continues to report for us on prison and law-enforcement issues.

Gov. Arnold Schwarzenegger is appealing to the U.S. Supreme Court the federal three judge panel’s decision forcing him and Californina to release around 40, 000 inmates, but I just can’t fathom the rationale behind this appeal. The Santa Cruz Sentinel article says that California is proclaiming the courts have overstepped their authority by ordering this release, but hasn’t anyone in the state government considered that maybe the feds are ordering this release because California’s government has overstepped its bounds?

Don’t Arnold and the state government see this isn’t about just health care for inmates, but also about rational laws, rational sentencing, and treating human beings with dignity and respect? I know the majority of the public would rather bury its head in the sand than face this issue, but this issue is in your living rooms, in your classrooms, and on your streets. It isn’t just the gang-banging jerk from the hood that’s being thrown in jail for ridiculous amounts of time in California — it’s also middle class addicts, college students etc … It’s your neighbors, your friends’ kids, and your kids that are all affected by this insanity. All the judges are trying to do is bring a small amount of sanity back into your fucked up state.

From the article:

“But at the same time, Schwarzenegger and prison officials have been urging the Supreme Court to review the case, arguing that the three judges have trampled on the right of the state (my emphasis) to run its prison system and operate within its budget.”

Isn’t it ironic that the state’s appeal is based on the premise that the courts are trampling the state’s rights? The panel’s order is based on the fundamental constitutional rights of, mostly, Americans to receive adequate medical and mental health care! Isn’t there a huge push in this country with Obama’s healthcare bill to ensure that all Americans are able to receive healthcare? Why is it any different for Americans in prison? Not just Americans though, but any human being in this country? Wouldn’t you, if you were on vacation and became sick in another country, have the hope that you would be able to get adequate medical care? People are sent to prison as punishment, not for punishment.

I have Hepatitis C. I was supposed to be on a program called chronic care, in which I should have seen a doctor once every 60 days to get my blood drawn to check my viral load. I was not seen for the last 18 months that I was in prison in California. Another time I received an injury called a calf strain while playing handball. My calf muscle detached from the tendon. By the time I was given an MRI and the results of the MRI the muscle had healed, but healed improperly, so now the right calf muscle looks deformed:

122809leg1.jpg

I had a bunk mate, Mark, who was having severe problems with various organ failures. His legs would become so swollen that he had a hard time walking to the restroom and his stomach so distended he looked as if he were pregnant.

122809legs2.jpg

The only way he could get medical treatment was to do what’s called a “man down” (this means he would have to have the medical staff come to the building by proclaiming it was an emergency medical situation. In other words, there would have to be an emergency alarm, the entire yard would have to be closed down and the medical staff brought to the building) to get treatment. The building co’s were so disgusted by the situation that they would encourage Mark to do a “man down” just to be seen. Ultimately Mark was put in to hospice and died. (see picture of Mark’s legs taken in December of 2008).

I specifically remember a time when Mark did this “man down” and the nurse (or nurse’s aide) tried to talk Mark into staying in the building until the following day because the doctor that was supposed to have seen Mark that day had called in sick.

I am sure there are plenty of people who will read this and say to themselves or to others that if the people didn’t commit the crimes than they wouldn’t have to worry about such things as healthcare. Or that inmates are getting better healthcare than people on the streets. Or that inmates don’t deserve healthcare. To these people I say this: do unto others as you would have them do unto you.

A picture is worth a thousand words, they say. I wonder how the pictures attached to this blog may cause people to think a little differently about the entire situation. These pictures are just a small idea of how healthcare really works in the system, the reality of it. So, my question is this: Who is really getting their rights trampled and who stood up for Mark’s rights?

Meister: A lesson too long unlearned

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Wisconsin has enacted a law that makes the teaching of labor history and collective bargaining part of the state’s model standards for social studies classes in the state’s public schools

(Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor, politics and other matters for half-century)

Despite the importance of unions in our lives, our schools pay only
slight attention to their importance – or even to their existence.

Little is done in the classroom to overcome the negative view of organized labor held by many Americans, little done to explain the true nature of organized labor.

There have been many attempts to remedy that situation, none more promising than the steps taken recently in Wisconsin with enactment of a law that makes the teaching of labor history and collective bargaining part of the state’s model standards for social studies classes in the state’s public schools.

The law does not mandate the teaching of labor history and collective bargaining, as its sponsors had wanted. But it amounts to just about the same thing, by requiring the state superintendent of public instruction to make the subjects part of the state’s educational standards and to provide schools and teachers assistance in teaching labor subjects.

The Wisconsin Labor History Society, the state AFL-CIO and other labor and educational groups worked a dozen years to finally win enactment of the law, the first such state law anywhere. But the History Society fully expects other states to follow Wisconsin’s example.

The importance of including labor history in the classroom was underscored effectively in the latest issue of the American Federation of Teachers journal,

American Educator.

“With the key protections for workers that unions have gained under attack,” said a journal article, “there is a greater need for the next generation to understand the real role of working men and women in building the nation and making it a better place.”

James Green, a professor at the University of Massachusetts-Boston, explains that, in studying labor, students learn important lessons – above all “the contributions that generations of union activists have made to building a nation and democratizing and humanizing its often brutal workplaces.”

Fred Glass, communications director of the California Federation of Teachers,

provides an ideal primer for students studying labor. His summary is an excellent guide to what they should know about labor – a guide to what we should all know.

“Some people,” said Glass, “interpret the decline of organized labor as if unions belong to the past, and have no role to play in the global economy of the 21st century. They point to the numbers and say that workers are choosing not to join unions anymore.

“The real picture is more complex and contradicts this view. Most workers would prefer to belong to unions if they could. But many are being prevented from joining, rather than choosing not to join.”

Unions, Glass concludes, “remain the best guarantee of economic protection and political advocacy for workers. But as unions shrink, fewer people know what unions are, and do. And fewer remember what unions have to do with the prosperity of working people.”

That’s what our schools should be teaching, and presumably what they’ll be teaching in Wisconsin shortly, thanks to the new law there. If we’re fortunate, more states will soon follow suit.

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor, politics and other matters for half-century. Contact him through his website, www.dickmeister.com, which includes more than 250 of his recent columns.

Getting cheesy at Outerlands

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outerlands sm 122709.jpg
Bowled over. Photo by Kimberly Chun.

By Kimberly Chun

Hmm, is there a nicer place to hunker down on a chilly, wind-swept winter day in the Outer Sunset than Outerlands? Even better is a spot at one of the weathered wood tables, over a grilled cheese sandwich made with the restaurant’s homemade levain toast and an ample bowl of hearty garlic soup — the latter is pungent and addictive, with a bite that won’t kill you. Love the chip garnish. A delightful side: ginger lemon apple cider, hot, fulfilling, and thoroughly comforting. I’d make Outerlands my own personal warming hut, if I could.

Outerlands
4001 Judah Street
San francisco, California 94112
(415) 661-6140
outerlandssf.blogspot.com

We seize SF Weekly’s rent check

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By Tim Redmond

Our efforts to collect on the $21 million that SF Weekly and its parent company owe us continue. Here’s the latest — the SF Superior Court ruled that we can seize the rent that the SF Weekly’s subtenant pays to the paper.

Creditor Wins Collections Rights Action Against Village Voice Chain

San Francisco (12/23) — The San Francisco Bay Guardian Company on Tuesday was granted its motion to intercept the income of the SF Weekly, one of the newspapers in the Village Voice Media chain.

The Bay Guardian is pursuing the collection of its nearly $21 million judgment against the SF Weekly and New Times Media LLC, the holding company for the Village Voice chain.

The Village Voice chain is financed by a consortium of banks led by Bank of Montreal, which has exposure of over $80 million in loans to the chain according to a declaration filed in the case by BMO managing director Thomas McGraw on 12/17/09.

In a court hearing on Monday, an attorney for the Village Voice chain, Randall Farrimond, pleaded for the court not to enter the order assigning part of the SF Weekly’s income to the Bay Guardian. “If this motion is granted, the bank will declare a default,” Farrimond told the court, and concluded, “If the Bay Guardian thinks there are more assets than those pledged to Bank of Montreal, they are mistaken.”

The Bay Guardian is exploring the possibility of placing the Village Voice chain into an involuntary bankruptcy, but has also made a formal demand on Bank of Montreal to marshal the assets of the Village Voice chain as required by California law.

“Our fight is not with Bank of Montreal at this point,” said collection attorney Jay Adkisson, who successfully argued the motion on behalf of the Bay Guardian. “We’d be perfectly happy if Bank of Montreal was repaid every cent that it loaned to the Village Voice chain plus interest, and leave us to proceed against the rest.”

Several court hearings scheduled for January have the potential to substantially advance the Bay Guardian’s collection efforts, which have gained momentum in recent weeks. In November, the Bay Guardian successfully auctioned off vehicles belonging to the SF Weekly.

The judgment was entered after a jury found that several of the Village Voice companies engaged in predatory pricing against the smaller, locally-owned Bay Guardian. Shortly after the jury verdict, the court also entered an injunction against the guilty Village Voice companies to prohibit any future predatory pricing activities against the Bay Guardian.

The Bay Guardian has alleged that the Village Voice chain has continued its predatory pricing campaign even in violation of the injunction.

Under California law, post-judgment interest accrues at 10% per annum, which is more than $4,900 per day. The Village Voice chain will also be responsible for the substantial fees of the Bay Guardian’s attorneys which were incurred in collection efforts.

The DEIR that ate Christmas!

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Text by Sarah Phelan. Photo by Ben Hopfer.

Grinch.jpg

I don’t know if Mayor Newsom took a copy of the city’s 4,400 page draft environmental impact report (DEIR) for Lennar’s proposed massive Candlestick/Hunters Point Shipyard redevelopment on vacation at the swanky Mauna Kea Beach Hotel in Hawaii.

New-Room.jpg
This is what a room at the Newsoms’ get away (from the folks wanting more time to read the DEIR) hotel in Hawaii looks like.

But if he did, he’d need an extra suitcase just to carry the darn thing, not to mention an ante chamber to store it, when he goes swimming, or whatever, in between readings.

EIR_report.jpg
As our illustration shows, a volume of this massive six-volume report is the size of a phone book. And way denser.
That’s because it’s packed with all kinds of interesting information. Which is why folks have been asking Newsom to extend the public comment period on this document, which was released in mid-November, to mid-February.

This requested extension would give folks three months to read, digest and comment on one of the most important and legally binding documents to land on Newsom’s desk since he became mayor. And the last month of this requested extension wouldn’t be unencumbered by Thanksgiving, Christmas and New Years.

But to hear Newsom’s appointees on the Redevelopment and Planning Commissions, those folks asking for a mid-February extension are just whining, or don’t plan on reading the documents at all. And anyways, who cares if the public doesn’t get their comments in time. Because there’ll be plenty of opportunity to comment later on, right?

Wrong. The DEIR public comment period represents one of the few moments when comments have to be put into the public record—and replied to. That was not the case during all those hundreds of meetings that city staff and project boosters like to quote as alleged evidence that there has been plenty of public input into this process.

In fact, when folks were worried about the prospect of selling off a slice of Candlestick Park so that Lennar could build luxury condos on prime waterfront land, they were told, don’t worry, they’ll be plenty of opportunity to review this plan when the environmental impact report comes out. But now it’s all, hurry up and finish, already.

But now that a draft version has been released, and is available online—or in the offices of the Redevelopment Agency and the Planning Department, it’s critical that folks read all of it, and not just the executive summary. It’s also important that folks not versed in “DEIR speak” find professionals that are to give them independent feedback, and that they then submit written comments to Redevelopment and Planning, the city’s two lead agencies on this project, by the deadline that the city has set.

The city’s original deadline was Dec. 28–the minimum 45-day public review period that’s required under the California Environmental Quality Act (CEQA), when a project has to be reviewed by state agencies. That’s why a lot of folks showed up at the city’s two DEIR hearings on Dec. 15 and Dec. 17 to voice their concerns. And while I sympathize with the plight of Alice Griffith residents, who continue to live with cockroaches and backed-up sewers and leaking roofs and broken windows, and unemployed workers in this town, rushing DEIR review won’t get housing built or jobs created any sooner. What it will do is increase the chances that the city will get sued.

Which is why folks who seriously want to read and comment on the DEIR asked the city for the Feb. 12 extension. Instead, they got a patronizing rebuff from Newsom’s commissioners, who gave them a 15-day extension, which ends Jan. 12. Along with the opportunity to voice their concerns one more time before Redevelopment on Jan. 5.

That’s why some folks are planning to ask Newsom not to be a Grinch, by faxing copies of a poster that features a cool looking Grinch to City Hall. So, while it won’t be snowing in Hawaii, it could be snowing faxes in the Mayor’s Office. As the poster notes,

“Don’t be a Grinch! Mister Mayor. Don’t steal Christmas and New Years. Your staff released the draft environmental impact report a week and a half before Thanksgiving.”

“Your staff had two years to work on it, but your commissioners just gave the public two months to read 4,400 pages. It’s unfair to steal the public’s Christmas and New Years’ to meet an arbitrary deadline.”

“Extend public comment on the Candlestick Point Hunters Point Shipyard draft environmental impact report (DEIR) to Feb. 12, 2010.”

This follows on the heels of a letter that a broad coalition of environmental and community groups, along with concerned Bayview Hunters Point residents, sent to Newsom before the Dec. 15 and 17 hearings, asking for the Feb. 12 extension, a copy of which follows:

PG&E’s morning line of bullshit

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By Tim Redmond

KQED’s Forum had a show on Marin County’s clean energy efforts and community choice aggregation this morning; the audio should be posted in an hour or two here. It gave me an opportunity to hear the greatest line of Pacific Gas and Electric Co. bullshit that I’ve come across in a while.

The director of the Marin Energy Authority, Dawn Weisz, talked about how her agency will be able to offer renewable power to Marin residents at a cost competitive with PG&E. Paul Fenn, the president of Local Power, pointed out that there’s not a lot of risk here, and that public power agencies routinely offer cleaner power at lower prices than PG&E, which can’t even meet the state’s weak renewable energy standard.

Then up pops PG&E flak David Rubin, who has the most amazing line: PG&E, he says, loves clean energy and really wants to help the good people of Marin and San Francisco and the rest of California reduce their carbon footprints. But gee, he’s concerned about CCA — not, of course, because it might cause PG&E to lose customers (perish the thought) but because nice ol’ PG&E is “worried about the risks to the taxpayers and the community.”

Ladies and gentlemen: Pacific Gas and Electric Company has never worried about risks to taxpayers and communities. The company worries only about its bottom line — and as host Scott Shafer (too gently) pointed out, CCA — like any form of public power — is a serious threat to PG&E’s profits.

That’s what the company is sponsoring a ballot initiative that would essentially end public power in California by mandating a two-thirds vote of the public for any new municipal power efforts.

PG&E has jacked up rates, gone bankrupt, provided lousy service and screwed San Francisco for decades. Now they nice folks over there are worried about the taxpayers.

Amazing. And this is the line that we will hear in the upcoming campaign to pass the PG&E ballot measure.

PG&E attack mailer puts City Hall on defensive

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GREEN CITY On a Pacific Gas & Electric Co. conference call in late October, with top PG&E executives and analysts from Goldman Sachs, Deutsche Bank, and other prominent investment firms on the line, PG&E president Chris Johns explained how a company-sponsored ballot initiative could save millions of dollars for the utility.

“We have faced potential takeovers multiple times over the last several years and we have had to expend significant resources to oppose these efforts,” Johns explained, referring to attempts by public agencies to set up independent electricity programs that threaten to compete with PG&E. “The success of this initiative, if placed on the ballot, could significantly reduce the need for taxpayers and utilities to oppose these local government takeover attempts.”

His comments appeared in a transcript from an earnings call posted on a financial Web site called SeekingAlpha.com. When pressed by an analyst about how PG&E had come up with the idea, company CEO Peter Darbee chimed in. “What occurred to us was we were repeatedly faced with this, and we were spending significant amounts of money year after year,” Darbee said, according to the transcript. “So we asked ourselves: what would be something that could discourage this over the longer term?”

What surfaced was a proposal for a statewide ballot initiative that would amend the state constitution to require a two-thirds majority vote at the ballot before any local government could develop its own electricity program. With such a high hurdle in place, efforts to move forward with publicly-owned power programs would essentially come to a standstill. But with San Francisco’s own stab at it expected to get underway long before the proposed initiative is placed on the ballot, PG&E is back to its default tactic of pouring millions into an opposition campaign.

San Francisco’s community choice aggregation (CCA) initiative, called CleanPowerSF, took a leap forward last month when a request for proposals (RFPs) went out to potential electricity service providers. The program aims to provide 51 percent renewable electricity by 2017, a meaningful step toward reducing greenhouse gas emissions.

But on the heels of this milestone, a wave of mailers bearing PG&E’s name in fine print crashed into San Francisco homes and businesses, screaming “Business Beware” in 1.5-inch type and proclaiming CleanPowerSF to be a “costly energy scheme.” The mailer cites a city controller’s report projecting that customer bills could be 24 percent higher under CCA.

But the San Francisco Local Agency Formation Commission (LAFCo), which is working in partnership with the San Francisco Public Utilities Commission to craft the emerging power program, responded in a press statement that this claim is misleading, since a fee structure has not yet been nailed down. While the controller’s report also noted that it was too early to say just what the pricing structure would be, it’s been a primary goal of the city’s CCA all along to offer customer billing rates that meet or beat PG&E prices.

Meanwhile, the city appears ready to fight back — and questions have already been raised about whether it was legal to distribute the attack mailer. Sup. Ross Mirkarimi, who chairs LAFCo, announced at the Dec. 15 Board of Supervisors meeting that he was requesting that the city attorney examine whether PG&E had violated state law by distributing the mailer. According to the state law that laid the groundwork for CCAs to exist, investor-owned utilities are required to “cooperate fully” with the public power efforts of cities. “PG&E has blanketed this city … with mailers that distort and misrepresent what CCA is doing,” Mirkarimi said. “I believe this is a potential violation of California Public Utility Commission law.”

Several days before Mirkarimi’s announcement, the Guardian received confirmation from City Attorney Dennis Herrera that his office is looking into the matter.

The mailer included a link to the Web site CommonSenseSF.com, launched by an entity called the “Coalition for Reliable and Affordable Electricity.” A call to Townsend, Raimundo, Besler & Usher, a Sacramento public-relations firm that has worked with PG&E in the past, revealed that this coalition is one of the firm’s clients, and that the person handling that client is Bob Pence. The proponent listed on the statewide ballot initiative is Robert Lee Pence — evidently the same person. The Guardian left a message for Pence inquiring who, besides PG&E, the coalition members are (the mailer claims there are 50,000), but he did not return the call. Multiple calls to PG&E were not returned either.

Meanwhile, the Guardian has received a handful of anecdotal reports that when clipboard-wielding signature gatherers were out on the streets circulating a petition in support of the PG&E-backed ballot initiative, people were fed some fishy stories about what the proposed constitutional amendment would actually do.

A voter who lives in Bakersfield contacted the Guardian to say she’d signed the petition because she was told that the ballot initiative would limit PG&E expansion — but she later did some research and found that PG&E was the primary force behind it, so she called the Registrar of Voters to have her name struck from the list.

Mark Toney of the Utility Reform Network told the Guardian that he’d also been misinformed. But as someone familiar with the issue, he knew better. “I ran across signature gatherers in Emeryville. They told me that if I signed the petition, I’d be supporting a two-thirds majority vote to raise PG&E rates,” Toney said. “I said, ‘Well that’s interesting. The language here doesn’t say PG&E at all.

John Srebalus of Pasadena wrote in an e-mail that he was also misled by a signature gatherer. After he signed a petition to legalize marijuana, he said the woman with the clipboard flipped a few pages and asked him to sign again, as if in duplicate. But there was a rubber band securing the top half of this second page, hiding the text. When he peeled it back, he found that it was actually PG&E’s ballot initiative, which he had already refused to sign once before.

According to a source familiar with the campaign who asked not to be named, the petition was a particularly hard sell for signature gatherers, many of whom stake their entire livelihoods on earning less than $2 per signature. According to this individual, the erratic sales pitches caught on like wildfire because without a compelling hook, it was nearly impossible to convince random passersby to support something that came off as convoluted and wonky. This person said PG&E became alarmed when it caught wind of all the distorted representations and tried to put a stop to them.

Campaign spokesperson Greg Larsen told the Guardian he hadn’t heard anything about that, but he did emphasize the importance of the signed document, as opposed to the signature gatherers’ pitch. “The hope is that you read what you’re signing,” he said. “That’s really what the issue is — it’s what’s on this piece of paper.” Larsen added that the campaign had submitted 1.1 million signatures, “far in excess of the number of required certified signatures” to have the initiative placed on the ballot.

The Candlestick farce

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No one was really surprised when commissioners for the Redevelopment Agency and Planning Department voted last week to only give the public a Scrooge-like 15 days to review a six-volume, 4,400-page draft environmental impact report for Lennar Corp.’s massive 700-acre Candlestick Point redevelopment project.

Everybody knew that Michael Cohen, Mayor Gavin Newsom’s top economic advisor, wanted to jam this proposal through the certification process by early June in a last-ditch effort to win back the 49ers, even though the team has said it wants to go to Oakland if the City of Santa Clara doesn’t vote to build a new stadium.

The decision gives the public until Jan. 12th to submit written comments on the DEIR. A broad coalition of community and environmental justice groups asked for a 45-day extension.

And the entire process — including condescending remarks by commissioners, a fight, the forcible removal of several members of the audience, and statements from developer allies that were, at best, highly misleading — can only be described as a farce.

The rush to approve the document is entirely political. Santa Clara voters go to the ballot June 8 to decide if they want to build the 49ers a fancy facility near Great America. But June 8 is the same day, according to a spreadsheet maintained by city Shipyard/Candlestick planners, that the San Francisco Board of Supervisors is scheduled to approve the EIR for Lennar’s proposal.

The city’s DEIR envisions building a new 49ers stadium on the shipyard — a position that would allow thousands of luxury condos to be built on the site where the team currently plays, including a significant slice of Candlestick Point State Recreation Area.

To meet the increasingly artificial-looking June 8 EIR deadline, Cohen signaled he’d only be able to squeeze out 15 extra days for draft EIR review.

LENNAR’S PAID SUPPORTERS

With Cohen nowhere in sight at the DEIR hearings last week, his deputy, Tiffany Bohee, was left to kick off Redevelopment’s Dec. 15 and Planning’s Dec. 17 DEIR hearings.

“Time does matter for this project,” Bohee told commissioners, claiming that the project has been vetted exhaustively, including at least 177 public meetings — when the truth was that the public had never had an opportunity to review the complete draft EIR, a binding legal document, before its recent release.

“The consequence of delays is that it precludes the city’s ability to get ahead of the Santa Clara election in June,” Bohee said.

Bohee’s introduction was followed by a string of “no delay” and other off-point comments from representatives of the San Francisco Labor Council, the San Francisco Organizing Project, SF ACORN, and other groups that signed a community benefits agreement with Lennar in May 2008 that promised them millions of dollars in work and housing benefits — provided they show up at public meetings and support the development.

SF Labor Council vice president Connie Ford told commissioners that her organization “looks forward to the day when much-needed resources and support comes our way.”

A dozen residents of the Alice Griffith public housing project talked about their deplorable living conditions.

Asked by Redevelopment commissioner London Breed what the impact of a DEIR review extension would have on the planned rebuild of the Alice Griffith project, Bohee said, “It will jeopardize our ability to get any city decision on the project by June. As a result, delays to Alice Griffith could be indefinite.”

But that’s a stretch — at best. According to Lennar and the city’s own schedule, new Alice Griffith replacement units won’t be available before 2015 at the earliest. An additional 30 days of environmental review at this point will make no difference.

THE BOZO COMMISSIONERS

Compounding the city’s half-truths was the patronizing attitude of those commissioners who thought that their opinion of the DEIR should satisfy members of the public who hadn’t had enough time to review it.

“I think it’s an extremely well done document,” Planning commissioner Michael Antonini told a crowd that had sat through five hours of testimony and been warned by Planning Commission chair Ron Miguel that they’d been thrown out if they spoke during others’ testimony.

Bizarrely, planning commissioner Bill Lee tried to use the fact that the public wasn’t making many substantive comments on the DEIR as an argument against giving anyone more time to read it. Commissioner Gwyneth Borden made the equally odd argument that since people are almost certain to sue the city over the DEIR, there’s no reason to give an extension now.

And Miguel asked the public to put their faith in some vague meeting in the future rather than agreeing to what were asking for at the meeting. “I do believe that when all the comments are considered and answered and the final EIR comes before us and the Redevelopment Agency, that everything will come together,” Miguel said.

By that time, Arc Ecology’s director Saul Bloom, Jaron Browne of People Organized to Win Employment Rights, and POWER’s attorney Sue Hestor told the commissioners that they believe the project’s impacts on transportation, state park habitat, and the foraging requirements of the peregrine falcon had not been adequately analyzed. Eric Brooks of the Green Party expressed concern that sea level rise will be more pronounced than the DEIR projections.

Bloom also explained that a lack of adequate review time hindered his staff’s ability to prepare comments in time for a hearing that came only a month after the DEIR’s release.

Planning Commission vice president Christina Olague and commissioners Kathrin Moore and Hisashi Sugaya tried to extend the review period to February. As Olague pointed out, the commission recently granted a public DEIR review extension to a 15,959-square-foot parcel in Russian Hill, which is tiny compared to Lennar’s 708-acre proposal in the Bayview, where residents have the city’s lowest educational levels

But the Planning Commission’s 4-3 vote against a February extension revealed how mayoral appointees ignore common sense once they have their political marching orders.

COHEN’S FANTASY

“This appears to be all about Cohen’s fantasy of out-maneuvering Santa Clara to get the 49ers to move into a new Hunters Point stadium,” Hestor told the Guardian.

Hestor also pointed to a Dec. 18 San Francisco Business Times guest editorial titled “Business Leaders Can Save the Niners” that Planning Commissioner Michael Antonini had clearly written before Planning’s marathon Dec. 17 hearing.

“The editorial illuminates why, at the Planning Commission on Dec. 17, Antonini argued against any extension for public comment on the DEIR beyond Dec. 28,” Hestor said, noting that Dec. 28 was the absolute minimum DEIR review period required under the California Environmental Quality Act — a review period that straddled Thanksgiving, Hanukkah, Kwanza and Christmas (see Holiday Snowjob, 12/09/09).

Earlier this month, a coalition of environmental and community development groups, including Arc Ecology, the Sierra Club, the Potrero Hill Democratic Club, San Francisco Tomorrow, Literacy for Environmental Justice, Young Community Developers, the Neighborhood Parks Council, the South East Jobs Coalition, Walden House, Urban Strategies Council, India Basin Neighborhood Association, California Native Plants Society, Golden Gate Audubon Society, and the Bayview Resource Center, wrote to Mayor Gavin Newsom, requesting a 45-day DEIR review extension.

The request seemed further vindicated when it became apparent that most of the people who showed up at the DEIR hearings, including those opposed to extending the review period, admitted that they had not actually read the documents in question. And the commissioners’ failure to honor the extension request represents a new low in a process that threatens to become a classic lesson in the dangers of public-private partnerships.

Opponents of giving the public a decent chance to read the DEIR argue that there have already been hundreds of meetings on the proposed project. But as Bloom pointed out, the character and focus of EIR is different from any other document that has been produced for discussion. “If an issue is not raised during the EIR process, it cannot be raised subsequently,” Bloom said. “Releasing an EIR during the holiday season and providing the minimum amount of time allowable under the law for public review undermines the public’s ability to evaluate an EIR and disenfranchises people at one of the most critical points of the project approval process.”

Bloom also noted that a standard strategy for drastically limiting public input while appearing to be transparent is to spend time evaluating nonbinding documents while providing the minimum time required to evaluate the legally binding stuff.

“The Phase 2 Urban Design Plan released in October 2008 was in public discussion until it was approved in February 2009 — five months,” Bloom observed, noting that nothing in that document was legally binding. Neither was Lennar required to disclose negative effects of its plan. But an EIR is a legally binding document. “It’s a fiction that a 45-day DEIR public review extension would have cause a domino effect of indefinitely delaying the approval of the project,” Bloom added.

Art, work, and artwork

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VISUAL ART The global financial crisis continues to impoverish and displace those within reach of its residual tremors. Yet in the art realm, there have been signs of hope. Recent fairs — Frieze Art Fair in October and Art Basel Miami Beach earlier this month — brought reports of strong sales and optimism within the distressed economy. So why are artists everywhere worried about their futures, and more critically, panicking about their present tenses? The squeeze has to do with the work in artwork. More often than not, artists aren’t getting paid for their work.

The general prosperity of the current art market does not reflect the financial success of most artists — it just means that artworks are selling, and many of those works are by artists who are already established or dead. The other artists, the worried ones, the ones scraping by on paint chips and uncreative, menial part-time jobs and unpaid internship after unpaid internship, are starting to organize. And talk. Worried as well, I recently attended two events, one in New York and the other in Oakland, that call for a shift of terrain in art/work.

The New York event, titled, “What Is the Good of Work?” — the second in a four-part series organized by Goethe-Institut New York — was more abstract in its approach, seeking to redefine work through film and literature. For instance, when British novelist Tom McCarthy roused Herman Melville’s character Bartleby in order to express the potentials of “recess” in a “recession” and promote a politics of pause as escapist rather than reactionary, an audience member inquired: “But how can this be implemented in real life?” Here, McCarthy went quiet. The rest of the panel, too, including the nihilist philosopher Simon Critchley, only seemed capable of speculating on a new function of work, as opposed to how this new work would, well, work.

Comparatively, the Oakland event was more concerned with brass tacks. Organized by Sight School, an artist-run storefront newly opened in November, its aim “to create dialogue around new modes of living and being in the world in order to reveal connections between art and life” was actually visualized.

The evening began with local artists and writers reading primarily from a newspaper compiled by the Chicago-based collective Temporary Services. In it, more than 40 artists and writers pinpoint problematic issues and propose a way out. The front page introduction succinctly outlines its motivations:

We can see how the collapse of the economy is affecting everyone. Something must be done. Let’s talk. No, it can’t wait. Things are bad. We have to work things out. We can only do it together. What do we know? What have others tried? What is possible? How do we talk about it? What are the wildest possibilities? What are the pragmatic steps? What can you do? What can we do?

FREE / TAKE A COPY. MAKE AN EXHIBITION.

HOST A DISCUSSION IN YOUR TOWN.

The urgency of this situation was emphasized most strongly by Julian Myers, an assistant professor of curatorial practice at California College of the Arts. He fervently read the group Research and Destroy’s “Communiqué from an Absent Future: On the Terminus of Student Life,” which was drafted in response to the current University of California crises. Myers conveyed the text’s uncomfortably accurate detail of a bankrupt future not just for students, but anyone not already financially secure. The text incensed everyone in the room, as they realized the gravity of student debts and of academia as a new factory — a neverending rabbit hole of false security.

The last reader, Natasha Wheat, decided not to read at all; rather, she turned to the audience and asked, “What does a just art economy looks like?” Immediately, people chimed in. The space turned into a sauna of conjectures, arguments, personal anecdotes, and pleas. A variety of ideas and subjects — everything from emphasizing the importance of guilds and collectives to providing braces for children — were bandied about. These rants often lacked direction. Many were fueled by emotion and gave way to incomprehensible babble about new economies without realizing the previous paths paved by Marx, Adam Smith, and Keynes. But the passion, heretofore dormant, was inspiring.

Interestingly, the only thing missing from all the cries of desperation was a focus on artwork itself. In this small storefront room, everyone — artists, writers, curators, historians, and spectators — was hyper-aware about the lack of funding. But ironically, art had gone missing as well. Not many will disagree with the assertion that workers deserve payment for their labor, but what if their work blows? If I actively paint a canvas for eight hours a day, and no one finds it of value, why should I get paid? If money were a given, we’d all be doodling for dollars.

Zachary Royer Scholz, one of the readers and most intelligent contributors to the discussions, ended the event with a similar concern. He shifted the blame away from the economy and back toward the art. “Canada has strong government and institutional funding for its artists, but look at its art … it sucks!” Just then, a man on the opposite side of the room descended on Scholz, barking in protest. His ass-length dreads swung in tandem with his raised fists. It looked like a fight might break out, but the affront turned out to be performative — the room was filled with artists, after all.

I don’t find it coincidental that Dave Hickey’s The Invisible Dragon: Essays On Beauty (University of Chicago Press, 152 pages, $22) stirred from its coma this year. Its polemics could not be revived at a better time. First released in 1993, the book has been out of print for several years. Hickey originally pulled the plug because the “intensity and icy aggression” of The Invisible Dragon’s provocation was too great. In other words, people were pissed because Hickey insisted on the importance of art’s beauty.

In the collection’s first essay, “Enter The Dragon: On the Vernacular of Beauty,” Hickey argues that beauty has been replaced by meaning, and laments the art market baton swap from art dealers to institutions. “The institution’s curators hold a public trust,” Hickey writes. “They must look attentively and genuinely care about what artists mean, and what this meaning means in a public context — and, therefore, almost of necessity, they must distrust appearances.”

The problem, according to Hickey, parallels the one in Michel Foucault’s 1975’s Discipline and Punish, wherein punishment shifts from the external, via physical torture as public spectacle, to the internal — torture of the soul and mind via incarceration and criminal psychiatry. In effect, it’s a shift of gaze and surveillance: we now internalize this gaze and monitor ourselves.

But what does this have to do with art? Art limited to meaning loses its subversive potential; it gets too worried and existential. By contrast, allowing art to express itself through appearances also allows it to find new folds within an otherwise predetermined economy of signs — an economy controlled exclusively by arts institutions.

I imagine if Hickey had been in that room that evening, he would have stood up early on to demand that everyone stop acting like economists: You’re artists, dammit. You’re not here to fix the economy, you’re here to create things. Now go out and make shit — but for Christ’s sake, make it beautiful. *

www.sightschool.wordpress.com; www.temporaryservices.org

2009 = 1989

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119-retro.jpg
Guardian illustration of Cold Cave’s Wesley Eisold, Robert Smith, and Crocodile’s Brandon Welchez by Matt Furie and Aiyana Udesen

2009, will you be mine — my bloody valentine to 1989? More than once this year I’ve felt the effect of a 20-year loop. This sensation wasn’t quite déjà vu, but more a sense that the underground sounds of my youth were returning, slightly transformed, as outer-reach themes for another generation. It wasn’t mere recycling or brazenly wholesale copying. At times, it didn’t seem conscious. But it was undeniable.

Turn an ear to the opening instrumental dirge on one of the year’s most-praised albums, The xx (Young Turks), by the band of the same name. Its languid yet cold guitar lines seem to grow like so many nightcreeping vines from those of the Cure’s "Fascination Street" on Disintegration (Elektra, 1989). Elsewhere, the xx’s doped, lolling sensuality tapped into the early days of Tricky and the Wild Bunch, just before Massive Attack began to bloom in … 1990.

Turn another ear to the goth trance of Pictureplane on Dark Rift (Lovepump Unlimited) and the frozen odes of Cold Cave on Cremations (Hospital Productions) and Love Comes Close (Matador). Here we have new incarnations of Trent Reznor circa-Pretty Hate Machine (TVT, 1989) — industrial and electronic, yes, but with the kind of melodic sense that set Reznor apart. Cold Cave’s Wesley Eisold taps into Reznor’s rage on some of Cremations‘ louder moments, and his grasp of atmospherics is Flood-level. Travis Egedy of Pictureplane is more fey than Reznor, but he and Eisold, like their forebear, craft alienation anthems from lonely spots on a vast America.

Madchester, are you here again? The sweeter sounds on Dark Rift and a pop thrill such as Memory Tapes’ Seek Magic track "Graphics" wouldn’t be out of place on New Order’s Technique (Factory, 1988), which shifted from lush gleaming open stretches to more manic machinations. All praise electronic music in 1989, when Arthur Russell was moving from a world of echo to another thought, and Bob Stanley and Pete Wiggs of Saint Etienne were putting together the first elements of a scheme that would soon yield Saint Etienne’s debut single, a 1990 cover of Neil Young’s "Only Love Can Break Your Heart."

Twenty years from their inception, Saint Etienne are a major touchstone for some of this year’s most acclaimed or interesting releases. Every act on the Swedish Sincerely Yours label could qualify as a child of Saint Etienne’s Foxbase Alpha (Heavenly, 1991), or as baggy-era revivalists. In 2008, that meant the Honeydrips, and also the Tough Alliance, whose A New Chance suggested lost outtakes from Happy Mondays’ Madchester Rave EP (Factory, 1989). In 2009, jj’s No. 2 and Air France’s No Way Down tapped into the femme pop of Stanley, Wiggs, and Sarah Cracknell. A different, perhaps more fascinating phenom floats forth from the radiophonic odds and ends of Foxbase Alpha and especially Saint Etienne’s So Tough (Heavenly, 1992). Rooj’s The Transactional Dharma of Rooj (Ghost Box) and Broadcast and the Focus Group’s Broadcast and the Focus Group Investigate Witch Cults of the Radio Age (Warp) go hauntologically further with Stanley’s and Wiggs’ practice of searching for spirits through a twist of the radio dial.

It’s 1989: Andrew Weatherall is about to fuse his dancefloor acumen with My Bloody Valentine’s noise-bliss on the epic "Soon." It’s 2009: Weatherall returns to the realm of epic rock electronics with Fuck Buttons’ Tarot Sport (ATP). Here in San Francisco, a new brigade of superb rock bands — Girls, the Mantles, the Fresh and Onlys — arrives, all of whom wouldn’t sound out of place on Alan McGee’s Creation label back when Shields was spending all of its money in the studio. This year brings reissues of Loop’s Heaven’s End (Head, 1987), The World in Your Eyes (Head, 1987), Fade Out (Chapter 22, 1988), and A Gilded Eternity (1990, Situation Two), while spacemen-two acts such as California’s Crocodiles (on Summer of Hate, Fat Possum) and Moon Duo loop listeners back twenty years in time like a retro-futurist astronauts.

Just last week, the DJ Alexis Le-Tan told me that 2009 should have been another summer of love, like 1967 and 1988. In the new book 1989: Bob Dylan Didn’t Have This to Sing About (University of California Press, 198 pages, $21.95), the Bay Area critic and poet Joshua Clover uses Public Enemy, N.W.A., and the birth of Nirvana to establish 1989 as a pivotal year in popular music. It’s a point that the music this year argues just as convincingly on an understated scale, whether it’s Blues Control charting the quiet moments of Sonic Youth’s Daydream Nation (Enigma, 1988), Night Control coming off like the next Guided By Voices, or Kurt Vile and Wavves jousting cross-coastal for the role of son of Dinosaur Jr. Listen back to look forward.

Passage

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le.chicken.farmer@gmail.com

CHEAP EATS Weirdo the Cat, in an act of life-defying cantankerousness, has died. She got wind of my own impending crossing and timed her tumor accordingly, missing by only one day. No, not missing. While it would have been more operatic of her to die in my arms while I was tearfully kissing her goodbye, she let me get to the airport, on the plane, over the continent, over the ocean, up to the terminal, past customs, into the arms of my lover, onto the train, into the taxi, up two flights of stairs with three heavy suitcases, in and out of the bathtub, under the covers and over the rainbow. Then, while the kids were just settling to sleep in the next room, California … then did Weirdo the Cat breathe her last little stinky breath.

That way it would be clear to anyone with a brain bigger than a walnut that I had killed her. Poetically speaking. Ah, but Weirdo the Cat was ever the furry little poet. Only a little bit bitterer. She blamed me (me!) for not drawing her immortal, like other famous felines, with whom she was obsessed — especially Sylvester. I argued that I was a journalist, not a cartoonist, and she produced an eight-pound sledgehammer from behind her back and chased me around the room with it.

It’s true that she mellowed some in her elderly years, just like Grandma Rubino. In the end, she even actually seemed to kind of almost like children, and while they were away would curl up on the floor in their room and purr. I speak here of Weirdo the Cat, not Grandma Rubino.

Anyway, although any lap but mine or Crawdad’s was always strictly out of the question, by the time she had head-butted her last table leg she had socially matured to the point of sometimes actually sniffing strangers before biting them. I speak here of Grandma Rubino, not Weirdo the Cat.

Those three of my readers who have had the pleasure of knowing both these colorful cranks in their more corporal days will understand the confusion. One cursed in Italian, the other in hairballs and half-digested cat food. Other than that they were pretty much the same animal, may they rest in peace.

And in fact may we all get a little bit of sleep tonight. Jet lag — why didn’t I think of it earlier? I write three-act plays and astounding symphonies in my sleep, and then when I’m awake I walk around bumping into things, drooling, and forgetting my hat and purse everywhere. People tell me in Bavarian German that I’ll get over it after a week or so, and I don’t have the heart, or the vocabulary, to explain that, no, this is the way I’ve been since 1992.

There are other advantages to being where I am. For example, I find myself very literally surrounded by sausage, churches, and Christmas. I’ll let you guess which of those represents my idea of heaven.

Hint: some people like mustard on it. I prefer sauerkraut, to my Romea’s dismay, as I also tend to wear her coats and leave my napkins in her coat pockets.

The Stone Age Catholic churches, while pretty to look at, are pure hell on Sunday mornings when they call their faithful to breakfast with gigantic Iron Age dinner bells. It’s enough of a racket to weird out the dead, and to levitate the merely sleeping — in my case before I had quite finished my opus in F-Minor. Romea had to scrape me off the ceiling with a vacuum cleaner attachment.

Christmas itself, I predict, will be more likely to reclaim me here than Catholicism. For starters, it lets you sleep. Then too they celebrate it outdoors, in crowded open-air Christmas markets, featuring not only rampant commercialism but sausage stands! With bockwursts and bratwursts and meter-long sausages.

Whereas church offers warmth. But hey, I can get that at home. Do you know how long a meter is?

While you’re looking it up, lemme tell you where even you can find great bock- and bratwursts and even kielbasa and Italian hot sausages for real cheap: Longs Drugs. Yep, I became addicted when I lived in Rockridge. Trust me …

TOP DOG INSIDE LONG’S DRUGS

(and four other East Bay locations)

Mon.-Sat., 10 a.m.–9 p.m.; Sun., 11 a.m.–8 p.m.

5100 Broadway, Oakl.

(510) 601-1187

No alcohol

Cash only

L.E. Leone’s new book is Big Bend (Sparkle Street Books), a collection of short fiction.

The human right to water

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rebeccab@sfbg.com

At a recent San Francisco conference in a plush downtown hotel packed with big-business representatives, venture capitalists, and public relations practitioners, some insiders from high-profile multinational beverage corporations spoke about the moments they realized how crucial water is as a resource.

For Harry Ott, who formerly worked for the Coca-Cola Company, the epiphany struck in 1998 when he arrived at a Coke bottling plant in Darussalam, Tanzania for a routine inspection.

"When we walked into the plant … I noticed that there was no one there," Ott explained in a careful, Southern-accented voice. "And I said to the plant manager there, ‘Is it a holiday? Did I mess up in scheduling this?’ And he said, ‘No, we had a real severe outbreak of amoebic dysentery and all the employees have been affected by it.’ At that moment it really brought it home to me … every human should have access to clean water and sanitation to be able to maintain a healthy lifestyle."

But then Ott seemed to disavow this last statement, which implied support for what water rights activists have been pushing for: an inalienable right to clean drinking water, unmediated by corporations. As he told the crowd, "I don’t necessarily agree with the term ‘human right to water,’ because then the lawyers jump in here … and become rich off of this back-and-forth, knocking-heads process."

For corporations and advocacy groups alike, defining a human right to water is more than just a legal battle or academic exercise. As bottled-water companies weather mounting criticism for depleting aquifers to sustain profits and nongovernmental organizations point to the pitfalls of water privatization, control of the ultimate life-sustaining resource is becoming an increasingly important issue.

Widespread industrial contamination means less potable water to go around — particularly in developing countries, but in parts of California too — and intensifying drought due to climatic change means water scarcity is becoming a bigger problem. Water issues now represent a big financial risk for multinational companies and the top priority for communities that depend upon groundwater for their survival, so battle lines have been drawn for a struggle that is a matter of survival.

The second annual Corporate Water Footprinting conference, part of a corporate conference series called Action for Sustainable America, cost approximately $2,000 to attend. Unlike last year, when conference organizers denied press passes to both the Guardian and the San Francisco Chronicle, they opted to allow reporters in this time — perhaps as a show of goodwill after being publicly critiqued for a lack of transparency (see "Tap dreams," 12/10/08). The event was held at Le Meridien, a swank Financial District hotel, and was attended by businesspeople from a variety of high-profile companies.

Representatives from Coca-Cola, PepsiCo, and Nestle portrayed their respective corporations as model stewards of the environment, the opposite of the bad raps they’ve been branded with by social justice advocates, who complain that these corporate entities are responsible for exacerbating water shortages in drought-prone areas. Rather than profit-driven behemoths sapping communities of a critical resource, the spokespeople described their companies as environmentally-minded leaders acutely aware of the widespread lack of access to clean water and actively trying to hatch solutions to alleviate it.

Dan Bena, director of sustainability, health, safety and environment for PepsiCo International, kicked off with a presentation about how an estimated 1.5 billion impoverished people living in developing countries worldwide lack access to safe drinking water. Showing images of African children swimming naked in a river, he stressed the frequently repeated statistic that once every 15 seconds, another child in the developing world perishes from waterborne illness.

To hear Bena tell it, PepsiCo is emerging as a corporate trailblazer in protecting people from such a fate. In addition to its conservation efforts, it has donated to an organization that provides microloans to families for small-scale water infrastructure projects, he said. And at the urging of one of its shareholders, it recently agreed to sign a commitment supporting "the human right to water."

But when asked whether PepsiCo, the parent company of Aquafina, has a strategy for reducing the widespread use of bottled water — a flashpoint for environmentalists because it taxes aquifers, requires extensive shipping, and uses tons of plastic to produce — Bena didn’t have a straight answer. "We are evaluating it, but I can’t tell you," he said. "The critics are certainly very strong, but we think that people, by and large, want the convenience that bottled water provides."

In San Francisco, some of the beverage companies’ harshest critics organized a counter-conference to the 2008 Corporate Water Footprinting conference. This year, one of the counter-conference participants was seated on the same panel with Bena and the former Coca-Cola representative.

Mark Schlosberg, California director of Food & Water Watch, made it clear that he views the human right to water through a very different lens than the other panelists. "The ‘human right to water’ is not a concept for corporations to implement," Schlosberg said, relaying what was perhaps an unpopular message to a tough crowd. "Just as free speech is not a concept for corporations to implement. The human right to water is a concept which says that nobody should be denied access to clean water for basic human needs. It’s not a question of whether or not a corporation wants to adhere to that. It’s the responsibility of governments to create laws, and of corporations to follow laws. I don’t think that the basic human right to water … is alienable, just like certain constitutional rights are also inalienable and can’t be contracted away."

Speaking by phone several days later from New Delhi, India, Amit Srivastava, executive director of the India Resource Center, explained his perspective on the human right to water: "For us, the right to water means the community has control over its water resources. It is our fundamental human right to live free of pollution of water." As for PepsiCo’s efforts, "It sounds all good, but what is the reality on the ground?"

Srivastava, the driver behind the counter-conference to last year’s Corporate Water Footprinting Conference, spends half the year in India working in rural agrarian villages, where he says the impacts of Coca-Cola’s operations are hugely detrimental to people’s interests. PepsiCo has caused its share problems in India too, Srivastava said.

"Seventy percent of Indians make a living with agriculture," he explained. "They rely on groundwater — the same groundwater Coca-Cola uses to meet its production needs." Tens of thousands of farmers have been affected by a dearth of water in communities where Coca-Cola plants are sited, he says, and many have also been adversely affected by water contamination linked to the manufacturing facilities. As water becomes scarce, crops dry out and women must walk farther away to haul fresh water back home.

On Nov. 30, Srivastava said the India Resource Center helped bring 1,000 people out to a rally against Coca-Cola. "We’ve launched an international campaign to hold Coca-Cola accountable," he said, explaining that the goal is to "apply market pressure for the abuses they continue to commit in India."

Of particular concern is the village of Kala Dera, located in an area that was identified as a water-stressed region more than a decade ago, Srivastava said. Nonetheless, the construction of a new Coke bottling plant forged ahead there in 2000. A severe drought plagued the region this year, and Kala Dera experienced the sharpest drop in groundwater levels ever recorded, according to Srivastava. "When the rains didn’t come, the crops failed, and there was a sharp increase in the use of groundwater," he said. "For all its talk, Coca-Cola continued to mine for water, even as the community did not have ready access."

According to Denise Knight, a Coca-Cola Company representative who spoke at the Corporate Water Footprinting Conference, the multinational giant uses a total of 313 billion liters of water annually to produce 129 billion liters of soft drinks, juice, water, and other beverages.

Knight said Coca-Cola is committed to "replenish" the places it operates by returning the equivalent of the water it uses to communities and water bodies. Trumpeting a splashy green catchphrase, "Water Neutrality," Knight acknowledged that the term itself might be somewhat misleading because, "as our business grows, no matter how efficient we are, we’ll still use more water." This program essentially consists of making it a goal to live up to its self-guided wastewater treatment standards (wastewater is treated in 80 percent of its 1,000 facilities, Knight noted), stepping up conservation efforts and funding small-scale projects like rainwater harvesting.

Knight couched it in terms of fiduciary responsibility: in the past decade, Coca-Cola’s Securities and Exchange Commission filings have listed water shortages and poor water quality as financial risks to company profits. A third area of risk for the company is public perception, an uphill battle in India.

Srivastava summed up his opinion of Coca-Cola’s "Water Neutrality" pitch as "hogwash." In reality, the company is extracting clean, drinkable water from poor communities that need it, leaving behind processed wastewater that people can’t drink and calling it "neutral."
"It really is lies dreamed up by their PR department," he said. "They’re trying to suggest that Coca-Cola has no impact whatsoever on water resources. This is outrageous."
Srivastava said the conference is essentially a scam. "We see the Corporate Water Footprinting conference as nothing more than a greenwashing effort by companies that are the biggest abusers of water. We see it as just you guys in suits and ties. The communities that are suffering as a result, their voices are never there."

Cleaner air for Oakland — but no one wants to pay for it

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news@sfbg.com

GREEN CITY On Jan. 1, the Port of Oakland and surrounding areas will get cleaner air — and as many as 1,000 truck drivers may lose their jobs.

That’s when the port’s Clean Truck Management Plan (CTMP) takes effect, setting strict requirements for trucks operating in the port. The new rules are an effort to address the public health crisis in communities near the port, where diesel exhaust fumes have been contributing to rampant asthma and increased cancer rates.

While no one questions the need for cleaner air, there’s still a raging battle over who should pay to overhaul old, dirty trucks — and how to make it possible for small independent truckers not to lose their livelihoods.

The new regulations, set by the California Air Resources Board (CARB), ban all trucks older than 1994 from entering the port. Trucks built between 1994 and 2003 are allowed if they’re retrofitted with a special filter, which by most estimates costs between $20,000 and $25,000.

Eventually CARB’s regulations will reduce diesel particulate matter emissions by 90 percent in areas most affected by the noxious pollution.

The problem — at least for some of the drivers — is that two-thirds of the trucks running cargo in and out of the Oakland port are run by independent owner-operators, who say they don’t make enough money on the cargo runs to pay for cleaner trucks or upgrades.

The Coalition for Clean and Safe Ports of Oakland (CCSP) is campaigning with Teamsters Union members and some truckers and Congress members to take the burden off independent owner-operators. But some say the industry model itself is the problem — that all the drivers should be employees of larger trucking firms that can pay for the latest equipment.

"The lack of resources among [independent owner-operators] and the inefficiencies in the current system strongly favor a more employee-oriented drayage sector," states an economic impact report on the issue commissioned by the port and prepared by Beacon Economics.

Currently the drivers wait, engines idling, an average of 3.6 hours at or in the terminal. That’s in part because they don’t get hourly pay — which gives the shippers and trucking contractors little incentive to hurry things.

As independent trucker Abdul Khan puts it: "Everybody certainly wants to have clean air. I might not be happy with this law, but I’m the one in this business being affected by this pollution." Still, with a 2003 engine in his truck, he expects to be out of a job come Jan. 1.

Khan has been a driver at the Port of Oakland for five years. He and his wife and child had to leave their home of 15 years to move in with his brother after fuel prices rose by 300 percent last year.

Khan has been without health insurance for his entire trucking career. The Beacon report states that "most [independent owner-operators] do not have health insurance from any source." Yet they are among those who suffer most from breathing the polluted air all day at work.

In some ways, the problem is the result of the 1990s-era deregulation of the trucking industry. In November, 24 members of California’s Congressional delegation, including East Bay Democratic Reps. Barbara Lee, Pete Stark, and George Miller, signed an open letter to the chairman of the House Transportation and Infrastructure committee encouraging members of the House to "consider making changes to [federal law] so that California ports can successfully implement and enforce needed truck management programs."

The Federal Aviation Administration Authorization Act was supposed to standardize the regulation of cargo carriers and encourage competition. But mistreatment of drivers and detrimental working conditions are, says CCSP director Doug Bloch, some of the consequences of deregulation, which essentially bars local or state governments from legisutf8g industry working conditions.

The Port of Oakland, the Environmental Protection Agency, and the Bay Area Air Quality Management District set up a grant fund to help drivers retrofit their equipment to meet the new standards, and some did. But others who sold their older trucks and bought upgradeable models lost out when the money ran dry.

Robert Bernardo, spokesperson for the port, told us the grants were unusual: "Typically, whenever a regulation comes into effect, by CARB or DMV, it’s incumbent upon business owners to purchase any upgrades," he explained.

That’s not a simple story, though, since the finances of port shipping are immensely complex. In theory, the bigger players in the industry — the large trucking companies and the corporations doing most of the shipping — have the access to capital for creating an ecologically-sound fleet and more power to negotiate shipping prices.

When items are shipped from overseas, shipping lines set the prices. Since the commerce is international, there’s no regulation of anything, including prices. The shipping lines set the prices for the trucking companies, which in turn tell the independent truckers what they’ll pay per load. The independently-contracted drivers have no leverage at all.

Matt Schrap, an intermodel transport expert at the California Truckers Association, notes that international shipping rates "are negotiated somewhere in Shanghai and set by steamship lines. Then you go into contract for two to three years at locked-in rate." Since the steamship lines aren’t subject to antitrust laws, he warns of their ability to collude in price-setting.

So the debate has become as much about labor issues as the environment. Some activists argue that the entire economic model of independent drivers contracting with trucking firms is unworkable, and would prefer to see all the drivers become employees. Not all drivers want that; some are happy with being independent. And the trucking contractors love the current system, since they pay no benefits.

Valerie Lapin, spokesperson for the Coalition of Clean and Safe Ports in Oakland, says that that port drivers are misclassified as independent. She explains that typically they can only work for one company, which tells them where and when to go. With the current classification, trucking companies "skirt all responsibility for paying taxes and benefits. Drivers have to pay for everything — trucks, fuel, maintenance, registration, and parking. And [the trucking companies] pay them really low wages."

The fate of the new regulations may depend on what happens to a legal battle at the Port of Los Angeles. L.A. has sought to mandate that trucking companies hire drivers as employees, and the port would allow only newer, cleaner trucks to enter.

But the American Trucking Association sued the port under FAAAA, saying the law bars the city from requiring employee-drivers. The courts put the program on hold until further hearings, scheduled for May 2010.

Paying with our Health, a 2006 report by the Pacific Institute assessing the practicality of "ditching dirty diesel" to improve health in the communities suffering from freight transport pollution, concluded that "the industry is quite capable of standing on its own and paying for cleaner technologies, instead of standing on the backs of California’s poor and minority communities."

It’s not clear what the truckers who own banned trucks will do come Jan. 1. Some say they will look for work elsewhere.

And there’s still the issue of whether the port will have enough clean trucks to haul all the cargo. Bernardo insists that won’t be a problem. Others, including Wayne Steinberg, terminal manager at Horizon Lines, an all-employee based trucking company with a fleet in full compliance, says the company is "extremely concerned about not having enough drivers Jan. 1."

Bacco

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paulr@sfbg.com

DINE Two autumns ago, I popped in on Bacco, in Noe Valley, and found a house in good order. The restaurant, opened by Vincenzo Cucco and Paolo Dominici in 1993, turned 14 that fall, and little had changed through the years except that the color scheme of the two dining rooms had gone from pumpkin to butter and sage, and a "Zagat-rated" sticker had appeared in the window at the door. I left with a sense of calm reassurance, like a parent who’s just peeked through a bedroom door to see a child safely tucked in.

But safety is one of the world’s illusions. Last spring, Dominici disappeared while spearfishing in Hawaii. In 2006, he and Cucco had opened another restaurant, Divino, on the Peninsula, with Cucco running the newer place and Dominici remaining at Bacco. The unexpected death left the older restaurant without a captain. Uncaptained restaurants have a way of foundering — they can too easily lose their way, fade, fold, or end up in other hands.

Luckily for Bacco, those other hands are Cucco’s, and so the restaurant remains within the family, as it were. He has once again taken up the toque in the kitchen, while longtime manager Luca Zanet continues to run the front of the house; ownership proper has passed into the hands of Dominici’s widow, Shari. This is about as favorable an outcome as we could hope for from an unforeseen disaster, and, after a period of turbulence and uncertainty, the ship appears to have righted itself and regained its course.

Bacco, for me, has long been one of the best-looking Italian restaurants in the city. The original paint scheme, of pumpkin or cinnamon, was most appealing when viewed from outside; in the evenings its light would fill the street like the glow of a merry fire, but inside, the reddishness could become distracting. The present scheme, of gentle sage and butter tones, bounded by ribbons of white moulding, is easier to take and does not so forcefully compete with other elements of the design, among them the high ceilings, terra-cotta-tiled floors, and the soaring, old-world arch that is, in effect, the gate of the main dining room. That room also offers a long line of windows that gaze onto Diamond Street. The second, smaller dining room (to the left of the podium as you enter) is less open but cozier.
Under Cucco’s steadying guidance, the food remains excellent. Bacco has long found a way between rigid insistence on Italian tradition and a tumble into sloppiness from the many temptations of California’s abundance and freedom. The cooking is more Ital than Cal, but it is supple and has been smoothly adjusted to reflect local conditions. Pasta, desserts, and baked goods are made in-house, and the kitchen quietly swears its fealty to supporting local growers and using organic products whenever available.

Polenta with gorgonzola and wild mushrooms, for instance, has been on the menu for years, but now the polenta is made with buckwheat, an underappreciated grain. A similar underappreciated grain, spelt (a type of wheatberry, similar but not identical to the Italian grain farro), turned up in a nicely molded salad along with corn kernels, scallions, and diced peppers under a jaunty cap of burrata ($12). Burrata is a mild, creamy cow’s milk cheese, a close relative of mozzarella, and we found it a bit reticent for such a starring role, especially since the underlying salad, while tasty, seemed to be "missing something," according to the oracle across the table. No human oracle (or even Oracle) is infallible, but this one is more reliable than most.

Baby octopus ($10), braised in red wine with herbs and finished with a shower of celery-root shreds, was missing nothing, even though the dish was classically Italian in its simplicity. We mopped up the extra sauce with chunks of focaccia. (The basket of bread arrives early and is replenished frequently, by the way, as is the accompanying tray of olive oil infused with parsley and anchovies.)

The pasta dishes strike many of the most traditional notes — a softball-sized tangle of vermicelli ($16), say, dotted with a handful of petite Tuscan meatballs in a rich, garlicky tomato sauce. Yes, it’s spaghetti and meatballs, with a few sophisticated twists.

For local color, how about petrale sole ($26), rubbed with herbs, sautéed, and seated on a mirepoix-like mat of roasted root vegetables? Petrale sole is (despite the Italian name) a local glory, and since it’s often breaded, an unbreaded version was a nice treat.

We were slightly disappointed with the brussels sprouts ($9), or cavoletti ("little cabbages"), which, despite being cooked with cubes of pancetta and plenty of olive oil, retained some of their quiet belligerence. Perhaps this was because they’d only been cut in halves, rather than chopped up or shredded. They weren’t quite tender enough to be described as tender.

As if in compensation, the chocolate shortbread cookies, or baci Isabella ($8) were divine: a pair of halved globes pasted together with chocolate ganache and served with a glass of milk. The oracle described them, with satisfaction, as being like "cookies that think they’re truffles," and a satisfied oracle is a happy oracle.

BACCO

Dinner: Mon.–Thurs., 5:30–9:30 p.m.;

Fri.–Sat., 5:30–10 p.m.; Sun., 5–9 p.m.

737 Diamond, SF

(415) 282-4969

www.baccosf.com

Beer and wine

MC/V

Moderately noisy

Wheelchair accessible

Stage listings

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Stage listings are compiled by Molly Freedenberg. Performance times may change; call venues to confirm. Reviewers are Robert Avila, Rita Felciano, and Nicole Gluckstern. Submit items for the listings at listings@sfbg.com.

THEATER

OPENING

Black Nativity Marines’ Memorial Theatre, 609 Sutter; 474-8800, www.lhtsf.org. $30-$40. Previews Wed/16-Thurs/17. Opens Fri/18. Runs Wed-Fri, 8pm; Sat, 2 and 8pm; Sun, 4pm. Through Dec 27. Lorraine Hansberry Theatre presents its award-winning holiday gospel musical.

A Merry FORKING! Christmas Off-Market Theaters, 965 Mission; (800) 838-3006, www.pianofight.com. $20. Opens Thurs/17. Various days and times. Through Jan 2. Playwright Daniel Heath and PianoFight team up again for a fully scripted play in which the audience votes on how the plot will proceed.

Mr. YooWho’s Holiday NOHspace, 2840 Mariposa; 621-7978, theatreofyugen.org. $10-$15. Opens Fri/18. Runs Fri, 8pm; Sat, 3pm; Sun, 3pm; through Jan 3. Moshe Cohen and NOHspace co-present this one-man holiday show that takes the audience on a ride full of wonder and laughter that transcends generational barriers.

Yes Sweet Can Dance Mission Theater, 3316 24th St; 273-4633, sweetcanproductions.com. $15-$20. Opens Fri/18. Days and times vary. Through Jan 3. Sweet Can Productions presents this astonishing 60-minute show featuring acrobatics, aerial work, hula hoops and other combinations of traditional circus and physical theater.


ONGOING

The 39 Steps Curran Theater, 1192 Market; 551-2020, www.shnsf.com. $35-$80. Tues, 8pm; Wed, 2 and 8pm; Thurs, 8pm; Fri-Sat, 2 and 8pm; Sun, 2pm. Through Jan 3. The SHN Best of Broadway series kicks off with Alfred Hitchcock’s Tony Award-winning whodunit comedy.

Beautiful Thing New Conservatory Theatre Center, 25 Van Ness; 861-8972. $22-40. Wed-Sat, 8pm; Sun, 2pm. Through Jan 3. New Conservatory Theatre Center performs Jonathan Harvey’s story of romance between two London teens.

*Better Homes and Ammo (a post apocalyptic suburban tale) EXIT Stage Left, 156 Eddy; www.brownpapertickets.com/event/86070. $15-$19. Thurs/17-Sat/19, 8pm. Toting bible and AK-47, a shlubby but seemingly affable right-wing libertarian (B. Warden Lawlor) has led his nuclear family down into the survival pit beneath his ammo store just in time to escape the nuclear disaster above ground. Months into this millennial camping trip, mom (Molly Benson) dreams of starring in her own vaguely militant cooking show, while restive older brother (James Tinsley) and dippy but nubile little sister (Cassie Powell) turn their own hormonally charged dreams into a budding daytime romance (well, one of them’s adopted anyway). Can the center hold, with mere anarchy loosed above? "Since when," asks mom of her spouse, "have you resorted to lies and manipulation to maintain your authority?" Good question. He’d balk at the comparison—and the French—but basically, L’estat? C’est pah. The loathsome Bush years inspired this first full-length comedy from writer-director Wiley Herman, but its themes of fear mongering as social control, authoritarian excess, apocalyptic doom, and brother-sister whoopee are evergreens. The pacing can flag, the dramatic conventions can feel too familiar, but the writing has merit and a fair amount of laughs, while the cast warm to their parts with conviction and charm. All in all a promising debut from Herman, and if the world doesn’t end first we can expect better ammo down the line. (Avila)

The Bright River Climate Theater, 285 9th St; (800) 838-3006, thebrightriver.com. $15-$25. Runs Thurs-Sat, 8pm; Sun, 7pm. Through Dec 27. Climate presents this mesmerizing hip-hop retelling of Dante’s Inferno by Tim Brarsky.

A Christmas Carol American Conservatory Theater, 415 Geary; 749-2228, www.act-sf.org. $14-$102. Days and times vary. Through Dec 27. A.C.T. presents the sparkling, music-infused celebration of goodwill by Charles Dickens.

Cinderella African American Art and Culture Complex, 762 Fulton; (800) 8383-3006, www.african-americanshakes.org. $20-$30. Days and times vary. Through Dec 27. The African-American Shakespeare Company presents an enchanting production of the classic fairytale, re-set on the bayous of Louisiana.

Cotton Patch Gospel Next Stage, 1620 Gough; (800) 838-3006, www.custommade.org. $10-$28. Thurs/17-Sat/19, 8pm. Custom Made presents Harry Chapin’s progressive and musically joyous look at the Jesus story through a modern lens.

Dames at Sea New Conservatory Theatre Center, 25 Van Ness; 861-8972, www.nctcsf.org. $22-$40. Wed-Sat, 8pm; Sun, 2pm. Through Jan 17. NCTC presents the Off-Broadway musical hit.

*East 14th Marsh, 1062 Valencia; 1-800-838-3006, www.themarsh.org. $20-35. Fri/18, 9pm; Sat/19, 8:30pm. Don Reed’s solo play, making its local premiere at the Marsh after an acclaimed New York run, is truly a welcome homecoming twice over. It returns the Bay Area native to the place of his vibrant, physically dynamic, consistently hilarious coming-of-age story, set in 1970s Oakland between two poles of East 14th Street’s African American neighborhood: one defined by his mother’s strict ass-whooping home, dominated by his uptight Jehovah’s Witness stepfather; the other by his biological father’s madcap but utterly non-judgmental party house. The latter—shared by two stepbrothers, one a player and the other flamboyantly gay, under a pimped-out, bighearted patriarch whose only rule is "be yourself"—becomes the teenage Reed’s refuge from a boyhood bereft of Christmas and filled with weekend door-to-door proselytizing. Still, much about the facts of life in the ghetto initially eludes the hormonal and naïve young Reed, including his own flamboyant, ever-flush father’s occupation: "I just thought he was really into hats." But dad—along with each of the characters Reed deftly incarnates in this very engaging, loving but never hokey tribute—has something to teach the talented kid whose excellence in speech and writing at school marked him out, correctly, as a future "somebody." (Avila)

Eccentrics of San Francisco’s Barbary Coast: A Magical Escapade San Francisco Magic Parlor, Chancellor Hotel Union Square, 433 Powell; 1-800-838-3006. $30. Fri-Sat, 8pm. Ongoing. This show celebrates real-life characters from San Francisco’s colorful and notorious past.

Fun-derful Holidaze The Marsh, 1062 Valencia; (800) 838-3006, www.themarsh.org. $7-$12. Sat-Sun, 2pm. Through Jan 3. The Marsh presents Unique Derique in a fun-filled feast of frivolity for all ages.

I SF South of Market home stage, 505 Natoma; (800) 838-3006, www.boxcartheatre.org. Thurs-Sat, 8pm. Through Dec 19. Boxcar Theatre presents an improvised unabashed stage poem to all things San Francisco.

Katya’s Holiday Spectacular New Conservatory Theatre Center, 25 Van Ness; 861-8972, www.nctcsf.org. $22-$32. Days vary, 8pm, through Jan 2. NCTC presents a special winter cabaret starring Katya Smirnoff-Skyy.

Let It Snow! SF Playhouse Stage 2, 533 Sutter; 677-9596, www.sfplayhouse.org. $8-$20. Thurs/17-Fri/18, 8pm; Sat/19, 3 and 8pm. The Un-scripted Theater Company lovingly presents an entirely new musical every night based on audience participation.

The Life of Brian Dark Room Theater, 2263 Mission; 401-7987, darkroomsf.com. $20. Fri/18-Sat/19, 8pm. The Dark Room Theater presents a movie parody turned into a theatrical parody.

Ovo Grand Chapiteau, AT&T Park; (800) 450-1480, www.cirquedusoleil.com. $45.50-$135. Tues-Thurs, 8pm; Fri-Sat, 4 and 8pm; Sun, 1 and 5pm. Through Jan 24. The U.S. premiere of Cirque du Soleil’s latest extravaganza, written and directed by Deborah Colker, dependably sports several fine acts enmeshed in a visually buzzing insect theme. Highlights include a delighting set of juggling ants, twirling huge wedges of kiwi with their synchronized tootsies, very adorable and almost unbelievably deft; a mesmerizing and freely romantic airborne "Spanish Web" duet; and a spider traversing a "slackwire" web with jaw-dropping strength, balance and agility. The whisper-thin plot, thin even by Cirque standards, is nearly summed up in the title (Portuguese for "egg"). A very large "ovo" takes up most of the stage as the audience enters the tent. This is miraculously replaced in a flash by a smaller, though still ample one lugged around by one of three clowns (by the standards of past years, not a very inspired or absorbing bunch these three), and then snatched away amid a throng of insect types. An endoplasmic reticulum, or something, hovers a floor or two high toward the back of the stage, where the live band churns the familiar trans-inducing Euro-beats. The baseline entertainment value is solid, though the usual high jinx and overall charm are at somewhat lower ebb compared with recent years. (Avila)

Pearls Over Shanghai Hypnodrome, 575 Tenth St.; 1-800-838-3006, www.thrillpeddlers.com. $30-69. Sat, 8pm; Sun, 7pm. Through Jan 23. Thrillpeddlers presents this revival of the legendary Cockettes’ 1970 musical extravaganza.

Santaland Diaries Off Market Theater, 965 Mission; (800) 838-3006, www.brownpapertickets.com/event/89315. $25. Mon-Sun, 8 and 10pm. Through Dec 30. Combined Artform and Beck-n-Call present the annual production of David Sedaris’ story, starring John Michael Beck and David Sinaiko.

Shanghai San Francisco One Telegraph Hill; 1-877-384-7843, www.shanghaisanfrancisco.com. $40. Sat, 1pm. Ongoing. To be Shanghaied: "to be kidnapped for compulsory service aboard a ship&ldots;to be induced or compelled to do something, especially by fraud or force". Once the scene of many an "involuntary" job interview, San Francisco’s Barbary Coast is now the staging ground for Shanghai San Francisco, a performance piece slash improv slash scavenger hunt through the still-beating hearts of North Beach and Chinatown, to the edge of the Tendernob. Beginning at the base of Coit Tower, participants meet the first of several characters who set up the action and dispense clues, before sending the audience off on a self-paced jaunt through the aforementioned neighborhoods, induced and compelled (though not by force) to search for a kidnapped member of the revived San Francisco Committee of Vigilance. It’s a fine notion and a fun stroll on a sunny afternoon, but ultimately succeeds far better as a walking tour than as theatre. Because the actors are spread rather thinly on the ground, they’re unable to take better advantage of their superior vantage by stalking groups a little more closely, staging distractions along the way, and generally engaging the audience as such a little more frequently. But since Shanghai San Francisco is a constantly evolving project, maybe next time they’ll do just that. (Gluckstern)

She Stoops to Comedy SF Playhouse, 533 Sutter; 677-9596, www.sfplayhouse.org. $30-$40. Tues, 7pm; Wed-Fri, 8pm; Sat, 3 and 8pm. Through Jan 9. SF Playhouse continues their seventh season with the Bay Area premiere of David Greenspan’s gender-bending romp.

Under the Gypsy Moon Teatro ZinZanni, Pier 29; 438-2668, www.zinzanni.org. $117-$145. Wed-Sat, 6pm; Sun, 5pm. Through Jan 1. Teatro ZinZanni presents a bewitching evening of European cabaret, cirque, theatrical spectacle, and original live music, blended with a five-course gourmet dinner.

Who’s Afraid of Virginia Woolf? Actors Theatre of SF, 855 Bush; 345-1287, www.actorstheatresf.org. $26-$40. Thurs-Sat, 8pm; Sun, 2pm. Through Jan 23. Before throwing around terms like "dysfunctional, bi-polar, codependent," to describe the human condition became fodder for every talk show host and reality TV star, people with problems were expected to keep them tight to the chest, like war medals, to be brought out in the privacy of the homestead for the occasional airing. For George and Martha, the sort of middle-aged, academically-entrenched couple you might see on any small University campus, personal trauma is much more than a memory—it’s a lifestyle, and their commitment to receiving and inflicting said trauma is unparalleled. The claws-out audacity of mercurial Martha (Rachel Klyce) is superbly balanced by a calmly furious George (Christian Phillips), and their almost vaudevillian energy easily bowls over boy genius Biologist, Nick (Alessandro Garcia) and his gormless, "slim-hipped" wife Honey (Jessica Coghill), who at times exhibit such preternatural stillness they seem very much like the toys their game-playing hosts are using them as to wage their private war of attrition; their nervous reactions, though well-timed, coming off as mechanical in comparison to the practiced ease with which Klyce and Phillips relentlessly tear down the walls of illusion. But thanks to George and Martha’s menacing intensity, and self-immoutf8g love, this Virginia Woolf does not fail to hold the attentions of its audience captive, despite being a grueling (though never tedious) three-and-a-half hours long. (Gluckstern)

Wicked Orpheum Theatre, 1182 Market; 512-7770, www.shnsf.com. $30-$99. Tues, 8pm; Wed, 2pm; Thurs-Fri, 8pm; Sat, 2 and 8pm; Sun, 2pm. Ongoing. Assuming you don’t mind the music, which is too TV-theme–sounding in general for me, or the rather gaudy décor, spectacle rules the stage as ever, supported by sharp performances from a winning cast. (Avila)


BAY AREA

Aurelia’s Oratorio Berkeley Repertory Theatre, Roda Theatre, 2015 Addison, Berk; (510) 647-2949, berkeleyrep.org. $33-$71. Tues, Thurs, Fri, and Sat, 8pm; Wed, 7pm; Sun, 2 and 7pm. Through Jan 24. It’s such a relief during the Nutcracker-Christmas Memory-Carol-In Wales season to catch a show that creates a wonderland without the winter. Not a beat is lost as Aurélia morphs from bored vamp trapped in a chest of drawers to tempest-tossed refugee on the high seas (and higher rafters) to befuddled homemaker with a penchant for the topsy-turvy, sometimes pursued by the excellent Jaime Martinez, whose knockout, drag-down street brawls with his recalcitrant overcoat are just one example of the physical wit that permeates the piece. Aurélia’s housekeeping skills are another—she happily arranges her flowers upside-down and sprinkles her laundry hung on the line with a big watering can, while outside her window, an upside-down taxi cab awaits her fare. Each minute vignette shines on its own merits—a woman dissolving into sand, a poignant Indonesian-style shadow-puppet encounter behind a curtain of lacy "snow" (ok, they snuck in the winter after all), a musical interlude in a clock shop—tied loosely together by a design heavy on lush red velvet and modestly versatile black-and-white. Aurélia’s Oratorio combines the best of mime, acrobatics, dance, and design, to create a circuitous, circus revel guaranteed to transport and to charm. (Gluckstern)

The Coverlettes Cover Christmas Aurora Theatre, 2081 Addison, Berk; (510) 843-4822, auroratheatre.org. $25-$28. Mon-Sat, 8pm; Sun, 7pm. Through Dec 27. Aurora Theatre Company rocks the holiday season in the style of 1960’s girl groups.

The Stone Wife Berkeley City Club, 2315 Durant, Berk; 730-2901. $15-$20. Fri-Sat, 8pm; Sun, 6pm. Through Dec 20. The Berkeley City Club presents this award-winning play written and directed by Helen Pau.

*The Threepenny Opera Ashby Stage, 1901 Ashby, Berk; www.shotgunplayers.org. $18-$30. Thurs-Sat, 8pm; Sun, 5pm. Through Jan 17. Wednesday performances begin Jan 6. Shotgun Players present Bertolt Brecht’s beggar’s opera.


DANCE

"The Christmas Ballet" Yerba Buena Center for the Arts, 700 Howard; 978-2787, www.smuinballet.org. Wed-Fri, 8pm; Sat, 2 and 8pm; Sun, 2pm. Through Dec 27. $18-$56. Michael Smuin presents an unexpected holiday show featuring dancers in ’50s poodle skirts, feather boas, wide-brimmed hats, and panama suits and music from Mozart to Elvis Presley.

"DANCEfirst!" The Museum of the African Diaspora, 685 Mission; 358-7200, www.seethinkdance.com. Thurs, 6pm. $5-$10. Three local choreographers enlist their favorite house DJs to offer wildly unique perspectives on this rhythmic phenomenon.

"A Queer 20th Anniversary" Locations vary. www.circozero.org. Various days and times, Dec. 9 – Jan. 31. Zero Performance presents a retrospective of two seminal pieces performed by Keith Hennessy and company, including a restaging of Saliva at the original site under a freeway South of Market.

Mark Foehringer Dance Project/SF Zeum Theater, 221 Fourth St; 433-1235, www.tixbayarea.org. Sat-Sun, 11am and 2pm. $25. The dance project presents a unique rendition of The Nutcracker at Zeum, featuring the Magik*Magik Orchestra performing live.

"The Nutcracker" Mercy High School Theater, 3250 19th Ave; 731-2237, www.sanfranciscoyouthballet.org. Sat, 2 and 7pm; Sun, 2pm. $22-$24. San Francisco Youth Ballet Theatre presents its 9th annual production of the holiday classic.

Yaelisa’s Caminos Flamencos Cowell Theatre, Fort Mason; www.caminosflamencos.com. Fri-Sat, 8pm; Sun, 3pm. Check Web for price. This show features Yaelisa’s husband and artistic partner, 10-year-old Roberto Granados, Paco Borrego, Jesus Montoya, and Felix de Lola.


BAY AREA

"The Hard Nut" Zellerbach Hall, UC Berkeley, Berk; cpinfo.berkeley.edu. Days and times vary, through Sun. $36-$62. Mark Morris Dance Group and Berkeley Symphony Orchestra present this retelling of The Nutcracker.


PERFORMANCE

"Amahl and the Night Visitors" Randall Museum, 199 Museum Way; 826-8670. Sun, 3pm. Free. The Ina Chalis Opera Ensemble presents this one-hour Christmas opera by Gian-Carlo Menotti.

"Bijou" Martuni’s, Four Valencia; 241-0205, www.dragatmartunis.com. Sun, 7pm. $5. An eclectic weekly cabaret.

On Broadway Dinner Theater 435 Broadway; 291-0333, www.broadwaystudios.com. Thurs-Sat, 7pm. Ongoing. SF’s most talented singers, artists, and performers combine interactive shows with dining and dessert.

"A Cathedral Christmas" Grace Cathedral, 1100 California; 392-4400, www.cityboxoffice.com. Sat-Sun, 3pm; Mon, 7pm. $15-$50. Celebrate the season with the Choir of Men and boys with orchestra, featuring their signature performances of favorite carols, along with sacred masterpieces and yuletide classics.

"A Chanticleer Christmas" St. Ignatius Church, 650 Parker; 392-4400, www.chanticleer.org. Sat, 8pm. Check Web for ticket prices. The internationally renowned 12-man a cappella singing ensemble returns home with its critically acclaimed holiday concert.

"Electrofunkadelica & the BB Kink Show" Space Gallery, 1141 Polk; www.spacegallerysf.com. Thurs, 8pm. Shaunna Hall presents this live show and art exhibit.

Fauxgirls! Kimo’s Penthouse Lounge, 1351 Polk; 695-1239, www.fauxgirls.com. Sat, 10pm. Free. This revue features San Francisco’s finest female impersonators.

Full Spectrum Improvisation The Marsh, 1062 Valencia; 564-4115, www.themarsh.org. Tues, 7:30pm. $10-$15. Lucky Dog Theatre performs in its ongoing series of spontaneous theatre shows.

"The Greatest Bubble Show on Earth" The Marsh, 1062 Valencia; (800) 838-3006, www.themarsh.org. $7-$10. Sun, 11am. Through Dec 27. The Marsh Presents Louis Pearl, the Amazing Bubble Man, in this fun show suitable for all ages.

"Handel’s Messiah with American Bach Soloists" Grace Cathedral, 1100 California; 392-4400, www.cityboxoffice.com. Thurs-Fri, 7:30pm. Check Web for ticket prices. ABS conductor Jeffrey Thomas leads America’s best specialists in early music in this special concert.

"Home for the Holidays" First Unitarian Universalist Church, 1187 Franklin. 865-ARTS, www.sfgmc.org. Check Website for ticket info. Wed-Thurs, 7:30pm. Also special show at Castro Theatre on Dec 24. San Franciso Gay Men’s Chorus presents the 20th anniversary of a classic SF tradition.

"A Judy Garland Christmas" Rrazz Room, Hotel Nikko, 222 Mason; (866) 468-3399, www.therrazzroom.com. Tues, 8pm. $30. Connie Champagne brings her remarkable portryal of Judy Garland to the Rrazz Room.

"Monday Night ForePlays" Studio250, Off-Market, 965 Mission; www.pianofight.com. Mon, 8pm. $20. PinaoFight’s female-driven variety show extends into December with new sketches, dance numbers, and musical performances.

"Nocturnal Butterflies" Z Space at Theater Artaud, 450 Florida; (434) 535-2896, www.avykproductions.com. Thurs-Sat, 8pm. Check Web for price. Erika Tsimbrovsky/Avy K Productions presents this multimedia dance performance dedicated to Vaslav Nijinsky.

"Old English Christmas Feast" Mark Hopkins Hotel, 999 California; (510) 887-4311, www.ggbc.org. Sun, 4pm. $135. The Golden Gate Boys Choir present their annual fundraiser. (The choir also will perform for free in the hotel lobby on Monday, 11:30am.)

Porchlight Reading Series Verdi Club, 2424 Mariposa. Mon, 8pm. $12. The theme for this month’s installment is "toys," featuring stories by people who’ve played with them, dated them, and been disappointed by them.

"San Francisco Girls Chorus Annual Davies Hall Holiday Concert" Davies Symphony Hall, 201 Van Ness; www.sfgirlschorus.org. Tues, 7:30pm. $22-$58. San Francisco Girls Chorus presents the 27th annual, 300-voice holiday musical extravaganza.

Shadow Circus Creature Theatre Climate Theater, 285 9th St; www.musicboxseries.com. Wed, 8pm. $10-$13. San Francisco’s most belligerent puppetry troupe returns with a cornucopia of holiday mayhem.

"Trannyshack Star Search Competition" DNA Lounge, 375 11th St; www.dnalounge.com. Sat, 10pm. $15-$20. Heklina and Peaches Christ present the 11th annual competition where virgin drag queens compete for a title.

"Veils and Apparitions" The Garage, 975 Howard; 975howard.com. Fri-Sat, 8 and 10pm. $10-$15. Enter a poetic landscape, where boundaries bend between the folds of the human psyche in this evening of new works by a collective of artists.

"Wake the F@#k Up America: Holiday Edition" Herbst Theatre, 401 Van Ness; 392-4400, www.cityboxoffice.com. Fri, 8pm. Call for ticket price. The Kinsey Sicks, America’s favorite dragapella beautyshop quartet, bring their new holiday musical comedy to the Herbst Theatre.


BAY AREA

"The Christmas Revels" Scottis Rite Theater, 1547 Lakeside, Oakl; (510) 452-8800, www.calrevels.org. Fri, 7:30pm; Sat-Sun, 1 and 5pm. $12-$50. Experience the music, dance, and folklore of 19th century Bavaria with this beloved Bay Area holiday tradition.

"Garage Door Nativity" First Congregational Church of Berkeley, 2345 Channing Way, Berk; (510) 848-3696, www.fccb.org. Fri-Sun, 7:30pm. $5-$10. The church presents a poignant, humorous, and unique take on the Christmas narrative told without spoken words.

"Hubba Hubba Revue" Uptown, 1928 Telegraph, Oakl; www.hubbahubbarevue.com. Mon, 10pm. Ongoing. $5. Scantily clad ladies shake their stuff at this weekly burlesque showcase.

"It’s a Wonderful Life" Julia Morgan Center for the Arts, 2640 College Ave, Berk; www.berkeleyplayhouse.org. Tues, 6:30pm. $10-$25. Berkeley Playhouse presents a staged version of the 1946 classic radio play, complete with live sound effects, microphones, and commercial jingles.

"Reality Playings" Temescal Arts Center, 511 48th St, Oakl; (510) 526-7858, www.temescalartscenter.org. Fri, 8pm. Free. Frank Moore will conduct improvised passions of musicians, actors, dancers, and audience members in a laboratory setting.

"Winter Solstice" Studio 12, 2525 Eights St, Berk; www.studio12flys.org. Mon, 7pm. $20-$25. Studio 12 presents musical performance, dance performance, and a winter solstice altar for this celebration of the longest night of the year.


COMEDY

Annie’s Social Club 917 Folsom, SF; www.sfstandup.com. Tues, 6:30pm, ongoing. Free. Comedy Speakeasy is a weekly stand-up comedy show with Jeff Cleary and Chad Lehrman.

"Big City Improv" Shelton Theater, 533 Sutter; (510) 595-5597, www.bigcityimprov.com. Fri, 10pm, ongoing. $15-$20. Big City Improv performs comedy in the style of "Whose Line Is It Anyway?"

Brainwash 1122 Folsom; 861-3663. Thurs, 7pm, ongoing. Free. Tony Sparks hosts San Francisco’s longest running comedy open mike.

Club Deluxe 1511 Haight; 552-6949, www.clubdeluxesf.com. Mon, 9pm, ongoing. Free. Various local favorites perform at this weekly show.

Clubhouse 414 Mason; www.clubhousecomedy.com. Prices vary. Scantily Clad Comedy Fri, 9pm. Stand-up Project’s Pro Workout Sat, 7pm. Naked Comedy Sat, 9pm. Frisco Improv Show and Jam Sun, 7pm. Ongoing.

Cobbs 915 Columbus; 928-4320.

"Comedy Master Series" Blue Macaw, 2565 Mission; www.comedymasterseries.com. Mon, 6pm. Ongoing. $20. The new improv comedy workshop includes training by Debi Durst, Michael Bossier, and John Elk.

"Comedy on the Square" SF Playhouse, 533 Sutter; 646-0776, www.comedyonthesquare.com. Sun, 8:30pm, through Dec. Tony Sparks and Frisco Fred host this weekly stand-up comedy showcase.

"Comedy Returns" El Rio, 3158 Mission; www.koshercomedy.com. Mon, 8pm. $7-$20. Comedian/comedy producer Lisa Geduldig presents this weekly multicultural, multi-everything comedy show.

Danny Dechi & Friends Rockit Room, 406 Clement; 387-6343. Tues, 8pm. Ongoing. Free.

"Improv Society" Shelton Theater, 533 Sutter; www.improvsociety.com. Sat, 10pm, ongoing, $15. Improv Society presents comic and musical theater.

Punch Line San Francisco 444 Battery; www.punchlinecomedyclub.com. Check Website for times and prices.
Purple Onion 140 Columbus; 1-800-838-3006, www.purpleonionlive.com. Call for days and times.
Rrazz Room Hotel Nikko, 222 Mason; (866) 468-3399, www.therrazzroom.com.
"Raw Stand-up Project" SFCC, 414 Mason, Fifth Flr; www.sfcomedycollege.com. Sat, 7pm, ongoing.
BAY AREA
"Comedy Off Broadway Oakland" Washington Inn, 495 10th St, Oakl; (510) 452-1776, www.comedyoffbroadwayoakland.com. Fri, 9pm. Ongoing. $8-$10. Comedians featured on Comedy Central, HBO, BET, and more perform every week.

Russoniello has to go

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EDITORIAL When you look behind the problems San Francisco has had with its sanctuary city policy — the arrest and threatened deportation of kids as young as 15, the threats to city officials trying to protect juveniles, the threats to the new policy Sup. David Campos won approval for — there’s one major figure lurking: U.S. Attorney Joe Russoniello.

He’s the same one who was behind the raids on medical marijuana clubs. He’s a Republican whose former law firm, Cooley, Godward, gets hefty legal fees from representing Pacific Gas and Electric Co. — one of the biggest federal criminals in the land. He served under Presidents Ronald Reagan and George W. Bush.

And it’s a mystery to us why this holdover from a discredited administration is still running the Justice Department in one of the most liberal parts of the United States.

The Obama administration has been slowly replacing Bush appointees with more progressive U.S. attorneys. Some say the process has been dragging on too long — after all, Bill Clinton fired every one of the nearly 100 U.S. attorneys shortly after taking office and started putting his own people in place right away. But in many states, the process has moved forward; 20 jurisdictions have new U.S. attorneys, and nominations are pending in about 10 more.

So why is the process taking so long in California?

Choosing a top federal prosecutor isn’t entirely the job of the president. Under long-held Washington traditions, the senior U.S. senator of the president’s party has tremendous influence over the selection process, and in California, Sens. Barbara Boxer and Dianne Feinstein have split up the duties. Boxer is screening candidates for the Northern District, and Feinstein is handling the Central and Southern Districts. So for all practical purposes, Russoniello’s replacement is going to be chosen by Boxer.

The senator ought to be asking all the candidates the same question San Francisco City Attorney Dennis Herrera recently asked Russoniello: Will you promise not to prosecute individual city workers who follow the San Francisco Sanctuary Ordinance? And she should finalize her choice quickly and send that name to the White House with all due dispatch. Russoniello has to go, and his departure is way overdue.

Herrera, meanwhile, has his own Sanctuary Ordinance challenges: Sup. David Campos has asked Herrera to formally advise the supervisors on the legality of Mayor Newsom’s refusal to follow the immigration policies that a veto-proof majority of the board passed. Newsom claims that the Campos law, which overturns Newsom’s policy of mandating that all juvenile offenders be reported to immigration authorities at the time of arrest, violates federal statutes.

In a Dec. 10 letter to Herrera, Campos warned that Newsom’s move would "establish the dangerous precedent that a mayor can disregard legislation that the board has properly passed.

"To say that this would undermine the board’s authority is an understatement. This is to say nothing of the fact that it would mean that undocumented children would continue to lack basic rights in San Francisco."

So that puts the city attorney — who is almost certainly going to run for mayor himself — on the hot seat. He needs to make a clear ruling that the mayor can’t just ignore city law. And he and Newsom should both be in touch with Boxer to urge her to move rapidly on a new U.S. attorney who will be more favorable to progressive immigration policies.